Jennifer Suzor

The appellant husband appealed from a motion judge's order that struck his reply factum, rectified an overpayment of trust funds, and struck his pleadings for failure to comply with court orders.

The Court of Appeal allowed the appeal on three grounds: the husband was denied the opportunity to respond fully to the wife's motion to strike; the motion judge overstated the wife's efforts to move the case to trial; and the motion judge failed to consider whether lesser remedies would suffice.

The court set aside the order striking the pleadings and substituted specific disclosure orders with consequences for non-compliance.

A status review application concerning a Crown ward child.

The Windsor-Essex Children's Aid Society sought to terminate the mother's access to the child, who had been made a Crown ward in 2009.

The mother had sought custody of the child following her removal from the paternal grandparents' home and placement in foster care.

The court found that the mother's access had been inconsistent, with numerous missed visits, and that there was no secure attachment between mother and child.

The foster parents expressed a desire to adopt the child.

The court terminated the mother's access order, finding it was no longer in the child's best interests and that the relationship was neither beneficial nor meaningful to the child.