Dr. Sol J. Goldstein

The applicant father brought a motion for summary judgment seeking a final order for sole custody of the parties' daughter, with no access to the respondent mother, due to concerns of parental alienation.

The mother opposed the motion, arguing there were genuine issues for trial, including the right to cross-examine the father's expert psychiatrist.

The court dismissed the motion for summary judgment regarding custody, finding that a trial was necessary to determine if the alienation had been overcome by the daughter's exclusive residence with the father over the past year.

The court continued the temporary sole custody order and fixed an uncontested spousal support overpayment at $15,635.

The applicants sought judicial review of a decision by the Director of Adoption Services to place their international adoption on hold.

The hold was initiated after the estranged sister of one of the applicants made historic sexual abuse allegations just days before the applicants were scheduled to travel to finalize the adoption.

The Director placed the hold and required a new home study without providing the applicants an opportunity to respond or detailing the allegations.

The Divisional Court granted the application, finding that the Director breached procedural fairness by failing to give the applicants a meaningful opportunity to respond.

The court also found the requirement for a further home study unreasonable given the unchallenged expert evidence refuting the risk.

The Director's decision was quashed and the original approval was reinstated.