Katherine Georgious

The Children's Aid Society of Toronto brought a summary judgment motion in a child protection application concerning two children, MA (4) and MH (3), who had a history of being in and out of society care due to parental instability, substance abuse, and criminal involvement.

The mother, C. B.-H., was the only participating respondent, seeking placement of the children in her care or increased access.

The court found no genuine issue requiring a trial, concluding that the mother's chaotic lifestyle, incarceration, and failure to address protection concerns rendered her unable to provide a safe and stable home.

The court granted the society's request for extended society care for both children, with discretionary access for the mother (minimum three times annually) and paternal aunt (minimum two times annually if requested), and no access for the father and paternal uncle.

Sibling access was ordered a minimum of twice monthly.

This motion concerned the temporary care and custody of a child, O.C-J., under the Child, Youth and Family Services Act.

The Children's Aid Society of Toronto sought a temporary supervision order placing the child with the mother C.C-J., a position supported by C.C-J. herself, the child's aunt, and the child's counsel.

The other mother, S.C-J., sought placement with the aunt.

The court found that returning the child to S.C-J.'s care posed a risk of harm, given the child's expressed desire not to return and suicidal ideation.

The court determined that placing the child with C.C-J. under supervision was the least intrusive and most appropriate option, aligning with the child's wishes and mitigating identified risks, despite historical mental health concerns for C.C-J. and alienation fears raised by S.C-J.

This case concerns a child protection application regarding two children apprehended from their mother's care due to neglect.

The Children's Aid Society and the mother sought a supervision order for the children to return to the mother's care, while the father and paternal grandmother sought a permanent custody order in favour of the grandmother.

The court found that the mother had significantly addressed the initial protection concerns, engaged consistently with support services, and demonstrated improved parenting capacity and stable housing.

Conversely, the father and grandmother exhibited a lack of insight into risks posed by the father's criminal history and displayed persistent negative attitudes towards the mother, which could hinder the children's relationship with her.

The court ultimately determined that it was in the children's best interests to return to the mother's care under a six-month supervision order, with specified terms for access by the father and grandmother.

The Children's Aid Society of Toronto and the father (R.C.) brought motions for the production of records from Boost Child and Youth Advocacy Centre concerning the child G.C.'s trauma assessment and therapy.

The society sought limited recommendations, while the father sought the complete file.

The court analyzed the relevance and privilege of the records under Family Law Rules subrule 19(11) and the Wigmore test.

The court found the trauma assessment report was not privileged, as the communications did not originate in confidence and its disclosure was essential for G.C.'s best interests and safety.

The court ordered the release of the complete unredacted trauma assessment report to the parties but dismissed the father's request for the balance of Boost's records, deeming them unnecessary at that stage.

The appellant father appealed a trial judge's order placing one child in extended Society care and two children in the custody of their paternal aunt.

The appellant argued the trial judge erred in applying the test for care and custody under the Child, Youth and Family Services Act, and made evidentiary errors regarding treatment records, hearsay evidence, and case notes.

The Superior Court of Justice found no palpable and overriding errors or errors in principle in the trial judge's decision.

The appeal was dismissed, subject to a consent variation regarding access.