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.

The parties separated, executed a separation agreement dividing their property, and later reconciled.

The trial judge found they reconciled in February 1998 and that the property division in the separation agreement survived the reconciliation, resulting in no equalization payment.

On appeal, the Court of Appeal upheld the reconciliation date but found the trial judge erred in concluding the entire property division survived.

The Court held that while the specific transfer of the matrimonial home was intended to be final, the rest of the agreement was voided by the reconciliation.

The appeal was allowed, and an equalization payment was ordered based on a modified Net Family Property Statement.

The appellant appealed an order striking her statement of claim, which sought a declaration that the respondent's deceased son was the biological father of her adult son, and requested paternity testing from the respondent.

The Court of Appeal dismissed the appeal, holding that the parens patriae jurisdiction could not be invoked to override section 5(2) of the Children's Law Reform Act, which expressly prohibits an application for a declaration of parentage unless both persons whose relationship is sought to be established are living.