Haley Gaber- Katz

The Jewish Family and Child Service of Greater Toronto (JFCS) brought a motion to appoint amicus curiae in a child protection proceeding concerning a 2-year-old child.

The respondent mother, N.D., had a history of mental health issues, inconsistent access, and had twice terminated counsel, indicating a desire to self-represent despite the society seeking permanent care and adoption.

The court considered the complex nature of child protection cases, the serious relief sought, and the mother's inability to maintain legal representation.

The motion was granted, and Tammy Law was appointed as amicus curiae to assist the court, with specific duties outlined, even if the mother later retained counsel.

The appellant mother, M.H., brought a motion for state-funded counsel for her appeal of a child protection order that placed her child in extended care.

The court applied the five-part test for funding, finding that the mother's s. 7 Charter rights were engaged, she could not have a fair hearing without counsel due to the complexity of the proceedings and her limited capacity, she had exhausted all legal aid avenues, and she was unable to afford a lawyer.

Crucially, the court determined that her appeal had the requisite minimum threshold of merit, particularly concerning arguments of ineffective assistance of counsel and the significant imbalance of evidence at the original summary judgment motion.

The motion was granted, and the Attorney General of Ontario was ordered to provide state-funded counsel and reasonable disbursements for both the appeal and the present motion.

A child protection society brought a summary judgment motion in a child protection proceeding under the Child and Family Services Act.

The child had been found in need of protection due to parental substance abuse.

The society sought an order placing the child in the sole custody of the father, with access to the mother.

The mother opposed the motion and sought joint or parallel parenting arrangements, arguing she should participate in major decisions regarding the child's education and religious upbringing.

The court granted summary judgment to the society, finding no genuine issue requiring trial on the question of sole custody to the father.

The court found the father had provided stable, appropriate care, while the mother's recovery was recent and there was no history of effective co-parenting or communication between the parties.

Parents in a child protection proceeding brought a motion to remove the child's legal representative, Ms. Samira Ahmed of Justice for Children and Youth.

The child, nearly sixteen years old and in the care of the child protection society since February 2013, opposed the motion.

The parents argued the child lacked capacity to instruct counsel, that the representative exceeded her role, that a litigation guardian should be appointed, and that the representative had misused confidential information.

The court dismissed the motion, finding that the child had clearly expressed views separate from both parents and the society, that legal representation was desirable, and that the representative had properly discharged her duties in advocating for the child's interests.