I. Kamal

The Town of Fort Frances, as plaintiff by counterclaim, brought a motion to compel the First Nations, Canada, and Ontario to answer questions refused during cross-examinations on affidavits filed for an upcoming summary judgment motion.

The refused questions sought the defendants' legal positions on historical documents and the disclosure of a 2018 Settlement Agreement between the First Nations, Canada, and Ontario.

The court dismissed the motion, finding that the questions regarding historical documents were in the nature of discovery and beyond the proper scope of cross-examination on an affidavit.

The court also held that the 2018 Settlement Agreement was protected by settlement privilege and did not need to be disclosed, as it did not change the ongoing litigation landscape of the Town's counterclaim.

The children's aid society brought a motion for summary judgment seeking an order to place three children in extended society care with no access to the respondent parents.

The court found no genuine issue for trial regarding the need for protection, citing chronic exposure to domestic violence and conflict in the home.

The children were ordered into extended society care.

The court granted summary judgment denying access to one father who had no relationship with his child.

However, the court found a genuine issue for trial regarding access for the mother and the other father, directing that issue to a focused hearing.

The mother in a child protection proceeding brought a motion requesting the appointment of the Office of the Children's Lawyer for her 7-year-old child.

The Society opposed the motion, noting it was seeking Extended Society Care with no access and a summary judgment motion was already scheduled.

The court dismissed the motion, finding that the child was under the age of 8 and developmentally immature, and the mother failed to provide evidence that the appointment would assist the court or the child in any specific way.