Jane L. Long

This case involved multiple motions concerning parenting arrangements and decision-making for four children following the death of their mother/sister.

The applicant, the maternal grandmother, sought sole decision-making for one child and increased parenting time/reunification therapy for two others.

The respondents, including the great-grandmother and an extended family member, sought various parenting and decision-making orders.

The court ordered shared decision-making and a week-on-week-off parenting schedule for the youngest child between the grandmother and great-grandmother.

Sole decision-making and primary residence were granted to the extended family member for the two older children, respecting their views.

The court dismissed the request for reunification therapy, finding it not beneficial given the children's wishes and family dysfunction.

The Children's Aid Society's handling of the case was also criticized for failing to adequately address the children's emotional needs and views.

This appeal concerned parenting orders for a child who suffered a catastrophic brain injury.

The trial judge granted sole decision-making responsibility and residence to the father and restricted contact for the maternal grandmother (appellant) due to her delusional beliefs and hostile conduct towards the father and medical team.

The maternal grandfather was granted supervised contact.

The appellant challenged the trial judge's application of the best interests test and alleged infringement of fair trial rights.

The Court of Appeal dismissed the appeal, affirming the trial judge's findings that the appellant's conduct was not in the child's best interests and finding no material errors or misapprehensions of evidence.

The Children’s Aid Society brought a motion to quash a second appeal by the mother in a child protection matter.

The appeal concerned a temporary order that had since expired and was therefore moot.

The court found no reason to exercise its discretion to hear the appeal, as it would not advance the child's interests and ongoing factual issues belonged in the Ontario Court of Justice.

The motion to quash was granted.

The appellant mother appealed a trial judge's order finding her child in need of protection due to parental alienation and false allegations of abuse against the father.

The appeal challenged the trial judge's application of the best interests of the child test under the CYFSA, specifically regarding the weight given to the child's views, consideration of relevant risk factors, delegation of future access decisions to the Children's Aid Society, and the issuance of a no-recording order.

The appellate court dismissed the appeal, upholding the trial judge's findings that the child's views were not independent due to the mother's brainwashing, that the risk of emotional harm to the child if remaining with the mother was overwhelming, and that the discretionary access order and no-recording order were within the court's jurisdiction and in the child's best interests.