The appellant mother appealed a Superior Court decision that overturned an Ontario Court of Justice placement order returning her twin boys to her care.
The children had suffered severe physical abuse by their father shortly after birth.
The Court of Appeal found that the appeal judge erred by conducting a de novo review and substituting his own factual findings without identifying a palpable and overriding error.
However, the Court of Appeal also found that the original placement judge failed to consider critical evidence regarding the mother's awareness of the abuse and failed to assess the risk of future harm.
The appeal was allowed, but a new placement hearing was ordered.
