Hamoody Hassan

During an appeal from a child protection judgment, the father brought a motion alleging the child protection agency and the mother breached a court order by failing to facilitate access with the child, and sought a defined weekly access order pending the appeal.

The court found no breach of any order, as the earlier endorsement only required the agency to investigate and arrange a possible meeting rather than mandate access.

The motion judge reviewed the extensive factual findings of the trial judge, including that the child had experienced emotional harm and expressed genuine fear of the father, and that forced access could cause further harm.

Applying s. 69(4) of the Child and Family Services Act, the court held that ordering access contrary to the child’s wishes would not be in the child’s best interests.

The request for access and the request for appointment of a case management judge were dismissed.

Following a 154‑day child protection trial, the father sought full indemnity costs exceeding $3 million against the Children’s Aid Society and the mother.

The court found the mother had acted in bad faith by advancing false allegations that fueled prolonged litigation.

The court further concluded the Society breached its statutory duties by failing to conduct an objective investigation, withholding disclosure, and advocating for the mother rather than reassessing its case as contrary evidence emerged.

While rejecting costs against counsel for the children or the Office of the Children’s Lawyer, the court held that the Society bore the greatest responsibility for the extraordinary length and expense of the proceedings.

Costs were fixed at just over $2 million, apportioned 70% to the Society and 30% to the mother.

In a child protection proceeding arising from a high-conflict custody and access dispute, the court determined costs following an earlier order granting the father unsupervised access to the children.

The father sought substantial indemnity costs of $22,000 against the mother, while the mother argued for no costs or that the issue be reserved.

Applying rule 24 of the Family Law Rules and recognizing that the usual presumption of costs does not apply in protection cases, the court considered the parties’ conduct, the limited success achieved, and the modest means of both parents.

Although the father obtained some success on the access issue, both parties had engaged in past unreasonable conduct contributing to the conflict.

The court awarded a modest costs amount payable at the conclusion of the protection proceeding.

Prospective adoptive parents sought custody of a newborn child whom they had taken into their care shortly after birth in Nunavut pursuant to an informal arrangement with the biological parents.

The court raised serious concerns about the irregular process, including lack of personal service, absence of corroborating evidence confirming the biological parents’ identities, incomplete police record checks, and insufficient information regarding a prior child protection investigation.

The court also noted potential legal issues under the Child and Family Services Act regarding private placement of a child for adoption by non‑relatives.

Given the child was already residing in Ontario and decisions were required for the child’s care, the court granted interim interim custody on a without prejudice basis.

The applicants were ordered to obtain additional documentation, effect proper personal service on the respondents, and provide corroborating evidence from the Children’s Aid Society before the matter could proceed.

The applicant brought a motion for leave to appeal portions of an earlier order concerning security for child support and related procedural matters involving a foreign support order.

The court considered whether failure to register a German support order under the Interjurisdictional Support Orders Act, 2002 constituted a jurisdictional defect invalidating the earlier order.

The court held that any deficiencies in complying with the statutory procedure were procedural irregularities capable of being cured nunc pro tunc and not jurisdictional prerequisites.

The motion was characterized as a collateral attack on an earlier order that had not been appealed, and the court found no basis to interfere with the discretion exercised by the earlier judge.

Leave to appeal was therefore refused.

The applicant child protection agency brought an application regarding three children, while the parents concurrently sought a divorce, custody, and property division.

Following a 154-day trial, the court dismissed the protection application, finding that the mother had made false allegations of domestic violence against the father and had a significant, unacknowledged alcohol problem.

The court awarded sole custody of the youngest child to the father, with restricted access for the mother, and ordered the mother to pay child support for all three children.

The court also determined that funds in the father's offshore account were held in a resulting trust and excluded from his net family property.

The parents and two First Nations appealed a trial decision making two First Nations children Crown wards with no access for the purpose of adoption.

The appellants argued the trial judge made palpable and overriding errors of fact, erred in finding Crown wardship was the least restrictive alternative, and that the mother received ineffective assistance of counsel.

The appeal court dismissed the appeal, finding no palpable and overriding errors in the trial judge's assessment of the evidence, which included significant parenting deficits, developmental delays that improved in care, and the need for stability.

The court also admitted fresh evidence but concluded it did not warrant a new trial or a change to the order, affirming that Crown wardship with no access remained in the children's best interests.

During a highly complex and lengthy child protection trial, the oldest child turned 18.

The Office of the Children's Lawyer brought a motion to vary the order appointing a lawyer for the child and to remove the OCL as his legal representative, arguing that the child was no longer a 'child' under the Child and Family Services Act.

The court found that while the child aged out of the statutory provisions, fairness and due process required his continued legal representation.

The court exercised its inherent jurisdiction to order that the child's lawyer continue to represent him and that the OCL continue to fund the representation until the completion of the trial.

The respondent father brought motions for interim child support and production of police records.

The applicant mother brought a cross-motion to dismiss the respondent's motions and to prohibit him from bringing further motions pursuant to subrules 1(8), 14(21), and 14(23) of the Family Law Rules.

The court dismissed the respondent's motions, noting his claims for child support had already been dismissed on a final basis and the requested police records were irrelevant.

Finding that the respondent had a history of failing to obey court orders, including an unpaid civil judgment for assault, and had abused the court process by bringing meritless motions, the court ordered that the respondent is prohibited from bringing any further motions without prior leave of the court.