A father appealed an Ontario Court of Justice order dismissing his motion for leave to bring a further status review application regarding Crown ward children and access.
The lower court had applied the test for granting leave under the Child and Family Services Act and found no unusual circumstances, no prima facie case, and that further litigation would undermine the children’s need for stability and permanence.
The appellant argued procedural unfairness and misapprehension of evidence, including medical evidence explaining his absence and a parenting program letter.
The court held the motion judge committed no palpable and overriding error and properly applied the governing legal test.
The appeal was dismissed.
