Justice Victoria Starr

Application by a psychiatrist at McMaster Children's Hospital for an order committing a 16-year-old child with severe eating disorder and multiple mental health conditions to a secure treatment program at Syl Apps Youth Centre for 180 days.

The child opposed the application.

The court found that all six statutory criteria under section 164(1) of the Child, Youth and Family Services Act were met: the child had a mental disorder; had caused serious bodily harm to herself within 45 days preceding the application; had threatened serious bodily harm within 12 months; the secure treatment program would be effective; appropriate treatment was available; and no less restrictive method was appropriate.

The court granted the application for a 180-day commitment.

The mother brought a motion for summary judgment on custody, access, and child support issues.

The court applied the two-stage test from Hryniak v. Mauldin and determined that while genuine issues existed requiring trial, these could be resolved through a mini-trial process with oral evidence.

The court granted sole custody to the mother, ordered supervised access for the father, and imputed income to the father for child support purposes based on findings of intentional underemployment and non-disclosure of earnings.

This is a costs decision following a motion for a restraining order, publication ban, and sealing order heard on an ex parte basis on September 27, 2018, and fully argued on November 29, 2018.

The applicant sought costs of the motion on a partial recovery basis in the amount of $12,356.71.

The respondents opposed the award and sought costs against the applicant.

The court found the applicant was wholly successful on the motion and entitled to costs.

The respondents' conduct prior to and in relation to the motion was unreasonable and necessitated the motion.

The court rejected arguments that the applicant acted unreasonably and awarded the full amount sought.