2 total
The Court of Appeal confirmed extended society care but granted the mother access, rejecting the improper use of judicial notice regarding adoption prospects.
The appellant mother appealed the decision of the Ontario Superior Court, which had upheld a motion judge's order making three young children Crown wards (now called extended society care) without access to the mother under the Child and Family Services Act.
The appeal judge applied the wrong legislation (CFSA instead of CYFSA) and the wrong summary judgment principles.
The Court of Appeal allowed the appeal in part, confirming the extended society care order but granting the mother access to the children.
The court found that the motion judge's factual findings regarding the mother's inability to adequately care for the children were sound, but the denial of access was based on improper judicial notice and unsupported assumptions about adoption prospects.
The nature and extent of access were remanded to the Ontario Court of Justice.
Privacy Relief granted
The applicant, a property owner, sought access to youth criminal justice records of seven young persons charged in connection with a house fire that destroyed his property.
The applicant sought the records to support his civil lawsuit against the youth and various organizations.
The youth respondents opposed disclosure.
The court granted partial access to police records and the Crown brief for use solely in the civil proceedings, subject to strict confidentiality conditions and identification by initials only.
