Jennifer Katherine Johnson

A motion concerning the temporary care of three children under the Child and Family Services Act.

The respondent parents sought the return of two children (Charles and Thomas) from Society care, while the Society sought Crown wardship for those children and Society wardship for a third child (Charlotte) born prematurely during the proceedings.

The court applied the test under section 51(2) and (3) of the Act, finding that immediate risks to Charles and Thomas could be managed through intensive Society supervision and imposed conditions.

Charlotte remained in temporary Society care due to her fragility and the parents' inability to manage three young children simultaneously.

Costs decision following an application concerning ownership and control of a lakeside promenade shown on a subdivision plan.

The municipality was largely successful in establishing ownership of the land held for the benefit of the public and immunity from claims of adverse possession, though it failed on its argument that the land constituted a public highway and the respondents secured a future trial on laches regarding existing shoreline structures.

The respondents argued that the proceeding constituted public interest litigation and that success was divided.

The court found the municipality to be the more successful party but recognized the respondents’ contribution to resolving a longstanding public dispute and to advancing legal issues affecting public access.

Applying reductions for the public interest component and the respondents’ cooperative conduct, the court substantially reduced the municipality’s recoverable costs.