Gesta J. Abols

The Minister of Public Safety and Emergency Preparedness brought a motion within ongoing child protection proceedings, seeking disclosure of case documents and the right to make submissions regarding a final supervision order.

This was prompted by an existing deportation order against the mother and one child, which is stayed if the Minister has an opportunity to make submissions under the Immigration and Refugee Protection Act.

The Catholic Children’s Aid Society of Toronto, the mother, and the Office of the Children’s Lawyer opposed the extent of the Minister's requested involvement, arguing for limited submissions and no disclosure.

The court found it had jurisdiction, either explicitly under the Family Law Rules or implicitly, to order disclosure to a non-party.

It ruled that the Minister was entitled to make informed and meaningful submissions on all relevant issues, including whether a genuine lis existed between the parties, and ordered the society to provide past and future relevant documents, with strict conditions on their use to protect privacy.

The respondent brought a motion for summary judgment in a custody application concerning their child.

The applicant opposed the motion.

The court found no genuine issue requiring a trial based on affidavit evidence.

The respondent had been the child's primary caregiver for over four years, with strong support from his family and physician.

The applicant lacked a coherent care plan, had financial difficulties, demonstrated anger management issues, posed a flight risk, and had not maintained respectful communication with the respondent or the court.

The court granted the respondent's motion and awarded him sole custody.