José Gravel

The applicant children's aid society sought an order making the child a Crown ward without access.

The child was apprehended at birth due to concerns regarding the parents' intellectual limitations and lack of parenting skills, which had previously led to the apprehension of their older child.

Despite extensive support and supervised visits over two years, the parents were unable to acquire or maintain the necessary parenting skills to safely care for the child.

The court found that the parents lacked the minimal parenting capacity required and that a supervision order would not sufficiently mitigate the risk.

The child was made a Crown ward without access for the purpose of adoption.

The applicant brought a motion to vary a 2005 child support order, alleging the respondent’s income had increased and seeking an increase in support retroactive to 2010 along with reimbursement of special and extraordinary expenses.

The respondent disputed the claims and argued that some expenses had already been offset through tax credits and that he had paid certain costs directly.

The court determined the respondent’s income to be $39,900 annually and considered the factors governing retroactive child support.

While the court found some misconduct in the respondent’s failure to provide financial disclosure, it concluded the applicant had not justified delaying the motion for several years.

Child support was increased and made retroactive only to January 1, 2012, and the respondent was ordered to reimburse a portion of special and extraordinary expenses.