3 total
The court granted summary judgment placing the child in the father's permanent care and custody.
The Catholic Children’s Aid Society of Toronto brought a summary judgment motion seeking a final custody order for the child to her father, S.J., under section 102 of the Child, Youth and Family Services Act.
The mother, A.P., opposed the motion, seeking the child's return to her care or more expansive unsupervised parenting time, arguing that genuine issues required a trial.
The father and the child's counsel (OCL) consented to the CCAS's proposed order.
The court granted summary judgment, finding no genuine issue requiring a trial, and ordered the child to remain in the father's primary care with sole decision-making authority, and specified supervised parenting time for the mother.
Summary judgment Motion dismissed
The Children's Aid Society of Toronto brought a summary judgment motion within a status review application seeking custody of two children (M.B. and K.B.) to be granted to their maternal aunt and uncle (J.C. and Je.C.), with specified access terms for the mother and father of K.B. The mother opposed the motion, arguing genuine issues required a trial.
The court granted the custody order on a summary basis, finding the mother had failed to address serious protection concerns over 22 months, including her ongoing conflictual relationship with K.B.'s father, inconsistent attendance at supervised visits, and lack of engagement with support services.
However, the court found that access issues required a focused hearing due to insufficient evidence regarding the children's current wishes and disagreement among parties regarding appropriate access terms.
The court dismissed an interim motion to expand child access, directing a focused trial instead.
The respondent father brought an interim motion to implement an expanded access schedule to the child, Brayden Calvin Hunt, as contemplated in a prior order from March 20, 2015.
The expanded access was conditional on access going well and no serious problems arising.
The applicant mother opposed the motion and sought a focused trial on the access issue.
The Office of the Children's Lawyer filed an interim report identifying concerns regarding the mother's mental health, the father's alcohol consumption, and parental conflict.
The court dismissed the father's interim motion, finding that the condition for expanded access had not been met and that a complete evidentiary record was required.
The court directed a trial management conference to organize a focused hearing on the access issue.
