The applicant Children's Aid Society appealed a trial judge's order granting access to three children who had been made Crown wards.
The Society argued the trial judge erred in finding that access would not impair the children's future opportunities for adoption and by creating an access structure that contravened the Child and Family Services Act.
The appeal court agreed, finding that the access order had deterred the only potential adoptive family, thereby impairing adoption opportunities.
The court also held that the trial judge exceeded her authority by creating a unique access reduction process that conflicted with the legislated scheme.
The appeal was granted and the access order was rescinded.
