Helene Desormeau

Following a five-day child protection trial where the court's judgment mirrored the respondent mother's formal offer to settle, the mother sought costs against the Children's Aid Society.

The court noted that an award of costs against a Children's Aid Society should be the exception, not the rule, to avoid deterring child welfare professionals from protecting children.

Finding that the Society did not act unreasonably or in bad faith but rather out of an abundance of caution, the court declined to award costs.

The applicant children's aid society sought Crown wardship of a five-year-old child who had been apprehended due to severe developmental delays and the parents' refusal to seek or accept medical assistance.

The parents opposed the application, seeking the child's return without conditions, and demonstrated a pattern of hostility and non-compliance with child protection workers and medical professionals.

The court found the child in need of protection under the Child and Family Services Act, concluding that the parents failed to provide necessary treatment to alleviate the child's emotional harm and developmental delays.

Crown wardship was ordered with no access granted to the parents, as they failed to prove that access would be meaningful, beneficial, and not impair future adoption opportunities.