The Children's Aid Society appealed a Superior Court decision that remitted the issue of a mother's access to her children, who were made Crown Wards, back to the trial court for a rehearing.
The trial judge had made a 'silent with respect to access' order to facilitate adoption.
The appeal judge found this order impermissible but ordered a rehearing due to the passage of time.
The Court of Appeal allowed the appeal, holding that the appeal judge erred in ordering a rehearing and should have ordered no access, as the mother failed to rebut the presumption against access under s. 59(2) of the Child and Family Services Act.
The Court emphasized the need to avoid delay in child protection proceedings.
