Jason Farrer

The Applicant sought an order extending the deadline to apply for an openness order under s. 196(1) of the Child, Youth and Family Services Act, 2017, relying on the court's parens patriae jurisdiction.

The motion was brought due to a procedural error where the application was served but not issued within the statutory 30-day limit.

The Children's Aid Society consented, while the Office of the Children's Lawyer did not oppose the exercise of parens patriae but required the legal test to be met.

The court dismissed the motion, finding no unintentional legislative gap in the Act and concluding that exercising parens patriae jurisdiction was not necessary to protect the child's best interests, as the child had already filed their own timely openness application.

The Children's Aid Society of the Niagara Region brought a motion for summary judgment to place two children, A. (5 years old) and H. (17 months old), in extended society care for adoption without parental access.

The Society cited parental instability, substance misuse, and lack of engagement.

The mother (M.B.) and father (D.J.) opposed, arguing for a trial and asserting the Society had not provided adequate support.

The court found the children were in continued need of protection and ordered extended society care for both, noting that statutory timelines for interim care had been exceeded.

However, the court found genuine issues for trial regarding access for M.B. and D.J., as the Society failed to provide sufficient evidence that access would impair adoption opportunities or was not in the children's best interests.

Access for J.S.J.M. (H.'s father) was denied due to complete lack of involvement.

The Children's Aid Society brought a motion for summary judgment to dismiss the Mother's status review application, which sought to terminate the Crown ward status of her child, TAK, and return TAK to her custody.

The court reviewed the evidence, including expert reports on TAK's trauma and consistent views against returning to the Mother.

Applying the summary judgment principles and the child's best interests under the Child, Youth and Family Services Act, the court found no genuine issue requiring a trial.

The motion was granted, dismissing the Mother's application, emphasizing the child's need for permanency and stability.