The Children's Aid Society brought a motion to add a maternal aunt as a party to a child protection proceeding, arguing that a Court of Appeal decision made it mandatory.
The child had been placed in the maternal aunt's temporary care.
The child's mother opposed the motion, expressing concerns about family division.
The maternal aunt tearfully withdrew her consent, stating she had not received independent legal advice and felt pressured by the Society.
The court dismissed the motion, finding that the Society's application of the cited case could have constitutional implications and that the process for adding parties must ensure procedural fairness, including proper notice, opportunity to respond, and independent legal advice for the proposed party.
The court also rejected the Society's argument that the temporary order should be deemed "with prejudice" due to the passage of time.
