2 total
Appeal of indefinite supervised access order dismissed; variation remains possible upon material change in circumstances.
The appellant appealed a trial judge's order for indefinite supervised access to the children of the marriage, arguing it made obtaining future unsupervised access practically and legally impossible.
The Court of Appeal dismissed the appeal, finding the trial judge's exceptional order was supported by evidence of the appellant's attempts to manipulate the children and subject them to repeated professional assessments.
The Court noted the order does not preclude the appellant from seeking to vary the terms of access in the future upon proof of a material change in circumstances.
Judicial review of Commission's refusal to refer human rights complaint to Board of Inquiry dismissed.
The applicant sought judicial review of the Ontario Human Rights Commission's decision not to refer her complaint to a Board of Inquiry.
The Divisional Court dismissed the application, finding that the Commission's decision was not patently unreasonable and was supported by the evidence.
The Court also rejected the applicant's argument that the Commission was bound by a prior finding of the Board of Referees under the Employment Insurance Act, noting the issues were entirely different.