The children's aid society brought a motion to dismiss the father's appeal of a child protection order for delay or, in the alternative, on the merits.
The father had experienced delays in obtaining legal aid and transcripts, and had recently been charged with criminal offences resulting in a bail condition prohibiting contact with the child.
The court dismissed the motion, finding the delay was not unreasonable given the circumstances and that the appeal had merit.
The court emphasized that the father is presumed innocent of the criminal charges and that the appeal could be heard before the expiration of the current supervision order.
