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Asset sale and assignment of executory contracts approved under s. 11.3 of the CCAA.
The applicant, Dundee Oil & Gas Limited, sought approval for the sale of substantially all its assets and the assignment of associated executory contracts under s. 11.3 of the CCAA.
The court initially adjourned the matter to require further evidence regarding the purchaser's financial stability and ability to manage environmental remediation obligations.
After reviewing supplementary evidence, including cash flow forecasts and the purchaser's operational plans, the court was satisfied that the purchaser would be able to perform the obligations.
The court approved the transaction and the assignment of the contracts.
Summary judgment granted finding child in need of protection due to father's alienating behaviour allegations.
The applicant children's aid society brought a motion for summary judgment seeking a finding that the child was in need of protection, a deemed custody order in favour of the mother, and an order limiting the father's access to written communication.
The father opposed the motion, alleging the mother had engaged in parental alienation.
The court found no genuine issue for trial, concluding that the father's relentless focus on parental alienation had caused the child emotional harm and placed her at risk of physical harm, culminating in the child threatening self-harm with a knife.
The court granted summary judgment, finding the child in need of protection and ordering deemed custody to the mother with limited written access for the father.
Leave denied for crown wardship status review due to lack of evidence of parental change.
The respondent mother sought leave to bring a status review application of a prior final order that had made the child a crown ward without access following a lengthy trial.
The court considered the test under s. 65.1(5) of the Child and Family Services Act, which requires credible and weighty evidence demonstrating that a review hearing may be warranted in the child’s best interests.
The court found the moving parent had not demonstrated meaningful change or engagement with therapeutic supports addressing the issues that led to the crown wardship order.
Evidence showed the child had improved significantly in foster care and the parent remained focused on her own desire for access rather than the child’s best interests.
Leave to bring the status review application was denied and the society’s motion to dismiss was granted.
Child protection records admitted in part as business records; prejudicial hearsay excluded.
During a child protection trial under the Child and Family Services Act, the society brought a mid‑trial motion seeking to admit documents from another society’s file relating to a prior protection proceeding involving a different child of the respondent.
The court considered whether the documents qualified as business records under s. 35 of the Ontario Evidence Act.
Documents containing summaries of anonymous allegations and an agreed statement of facts from the earlier proceeding were excluded because they contained prejudicial hearsay and lacked reliability.
However, assessment and service plan documents prepared by a caseworker in the ordinary course of child protection work were admitted as business records.
The excluded materials could still be used for cross‑examination of the respondent.
Crown wardship without access ordered for two children due to mother's ongoing cocaine addiction.
The Children's Aid Society sought Crown wardship without access for two young children due to the mother's chronic cocaine addiction.
Despite completing a rehabilitation program and demonstrating good parenting skills during supervised access, the mother continued to relapse and use cocaine, as evidenced by multiple hair follicle and urine tests.
The court found the children in need of protection due to the risk of physical and emotional harm from the mother's substance abuse and lifestyle.
Concluding that the mother could not control her addiction in the foreseeable future, the court ordered Crown wardship without access for the purpose of adoption.
