Barry Tobin

The appellant appealed a judgment of the Superior Court of Justice, arguing that the trial judge erred in refusing to grant an adjournment.

The Court of Appeal dismissed the appeal, finding that the trial judge properly exercised his discretion by considering all relevant factors.

Furthermore, the appellant failed to provide any evidence of what his defence would have been had the adjournment been granted.

The appellant father sought to suspend a final adoption order for his biological child by challenging the underlying Crown wardship order.

The child was apprehended at birth and made a Crown ward before the father's paternity was known.

After paternity was established, the Children's Aid Society gave the father time to present a parenting plan but ultimately proceeded with adoption when he failed to act promptly.

The Court of Appeal dismissed the appeal, holding that under s. 157(1) of the Child and Family Services Act, the final adoption order precluded any motion to set aside the Crown wardship order, and the father was precluded from bringing a status review application after the child was placed for adoption.