John James Rossi

A motion for summary judgment brought by a Children's Aid Society in a status review application involving two children (ages 8 and 4) who were previously found to be in need of protection due to neglect by their mother.

The mother opposed the motion.

The court granted the society's motion for summary judgment, finding no genuine issues requiring trial.

The court ordered crown wardship of both children with placement in the care of the Children's Aid Society, to be placed with their maternal grandparents.

The court also ordered supervised maternal access while denying access to both fathers.

This decision addresses a motion by Children's Aid Society of Algoma seeking to substitute Nogdawindamin Family and Community Services as the applicant in a child protection proceeding.

The motion arose from the recent designation of Nogdawindamin as a native children's aid society effective April 1, 2017.

The court examined the Minister's designation of Nogdawindamin and determined that the child in question did not fall within any of the paragraphs of the designation that were currently in effect.

The court dismissed the transfer motion, finding that Nogdawindamin lacked jurisdiction to act as the applicant society in this particular case.

This decision addresses a motion by Children's Aid Society of Algoma (Algoma CAS) seeking to substitute Nogdawindamin Family and Community Services (Nogdawindamin CAS) as the applicant in child protection proceedings.

The motion arises from the recent designation of Nogdawindamin, a native agency, as a children's aid society effective April 1, 2017.

The court examined the Minister's designation of Nogdawindamin CAS, which contains both geographical and personal jurisdictional components, as well as conditions restricting certain functions pending consultation and coordination with other First Nations communities.

The court determined that the children and mother in this case, as registered or eligible members of Batchewana First Nation, fall within Nogdawindamin CAS's jurisdiction under paragraph 1 of its designation.

The motion was granted, and the proceeding was transferred to Nogdawindamin CAS with ancillary orders for change of solicitors and amendment of the title of the proceeding.

The Children's Aid Society brought two motions: (1) to remove R.J.H. as a party to child protection proceedings and terminate outstanding orders in his favor, and (2) to add D.N. as a party after DNA testing established he was the biological father of the child.

The court dismissed the motion to remove R.J.H., finding that despite not being the biological father, he qualified as a parent under section 37(1)(d) of the Child and Family Services Act by demonstrating a settled intention to treat the child as his own over many years.

The court granted the motion to add D.N. as a party, finding him to be the biological father and therefore a parent under the statutory definition, while reserving the question of whether he should be granted access or custody.

The Children's Aid Society brought a motion for temporary care and custody of a child, H., who was apprehended on June 5, 2014.

The father opposed the motion and proposed that the child be placed with community members (P.C. and R.C.), while the society sought placement with itself pending completion of a kinship assessment.

The court considered whether it should defer its decision pending completion of the kinship assessment process or decide the matter on the evidence before it.

The court granted temporary care and custody to the proposed kin caregivers, finding that the decision could be made without awaiting completion of the kinship assessment.

The Children's Aid Society of Algoma brought a motion for summary judgment seeking a finding that two children were in need of protection under section 37(2)(b)(i) and (ii) of the Child and Family Services Act, and an order that no further child protection orders be made.

The mother opposed the finding, contending the Society should never have been involved.

The court found that while the children were at risk of physical harm due to a culmination of factors including the mother's physical health issues, mental health decline, and custody and access conflicts between the parents, there was no pattern of neglect.

The court granted the motion, finding the children in need of protection under section 37(2)(b)(i) only, and ordered that no further child protection orders be necessary.

A mother sought an order placing her two-year-old child in her care and custody during a status review proceeding under the Child and Family Services Act, or alternatively, sought to specify the details of her access (frequency, duration, location, and level of supervision).

The child had been in the care of the Children's Aid Society for over 18 months following apprehension due to protection concerns.

The court dismissed both the motion for interim care and custody and the motion for interim variation of the existing access order, finding that the mother failed to satisfy her evidentiary burden to demonstrate material changes in circumstances warranting a change from the status quo.

The court emphasized the importance of continuity of care for the young child and noted concerns regarding the mother's unresolved drug use, lack of stable housing, financial means, and childcare arrangements.