5 total
First Nations children placed in maternal aunt's custody after father found unable to provide safe housing.
The Children's Aid Society sought a finding that three First Nations children were in need of protection and an order placing them in the custody of their maternal aunt in Alberta.
The father sought the return of the children to his care or placement with his family under a supervision order.
The court found the children in need of protection due to the father's ongoing housing instability, mental health challenges, and substance use issues.
Applying the augmented best interests test under both provincial and federal legislation, the court concluded that placement with the maternal aunt was the least disruptive alternative that would protect the children and foster their cultural identity.
The court granted custody to the maternal aunt and ordered specified access for the father.
Newborn twins returned to Indigenous mother's care; augmented best interests test overrides federal placement hierarchy.
The Children's Aid Society sought a temporary order placing newborn twins in its care, while the respondent mother sought their return on terms of supervision.
The mother, an Indigenous woman, had a history of trauma and was on a methadone program, but had made significant strides in her mental health.
The Society apprehended the medically fragile twins shortly after birth and placed them in an Indigenous foster home located hours away, relying on the placement hierarchy in federal legislation (Bill C-92).
The court found that the Society's concerns could be managed through a supervision order and that returning the children to the mother's care was the least intrusive option in their best interests.
The court also held that the augmented best interests test for Indigenous children overrides the Bill C-92 placement hierarchy, meaning the Society cannot prioritize a distant culturally-matched foster home over a local placement if it impairs the parent-child bond and substantive equality.
Society's motion to adjourn adoption review hearing for Indigenous reassessment dismissed due to undue delay.
The Society brought a motion to adjourn a hearing regarding its refusal of the applicants' adoption application for a child who had been in their care for almost three years.
The Society sought the adjournment to reassess family and community plans under the new federal legislation respecting Indigenous children, citing COVID-19 delays.
The Child and Family Services Review Board dismissed the motion, finding that the Society had ample time prior to the pandemic to conduct reassessments and that further delay was not in the child's best interests or required for an adequate hearing.
Appeal allowed; accountants owed no fiduciary duty to share purchasers who did not rely on them.
The respondents purchased shares in a company from Mader and subsequently sued Mader and the company's accountants, Peat Marwick Thorne, for misrepresentation and breach of fiduciary duty regarding the company's financial status.
The trial judge awarded damages against all defendants.
The accountants appealed.
The Court of Appeal allowed the appeal, finding that the trial judge erred in finding a fiduciary relationship and that the purchasers did not rely on the accountants' financial statements, having preferred to rely on Mader's assurances.
Contracting out crate construction to a private company did not constitute a transfer of a Crown undertaking.
The Ontario Public Service Employees Union (OPSEU) brought an application under the Successor Rights (Crown Transfers) Act, alleging that a contract between the Ontario Science Centre and a packaging company for the construction of crates constituted a transfer of part of the Crown's undertaking.
The union argued that its bargaining rights should follow the work performed by the subcontractor.
The Ontario Labour Relations Board dismissed the application, finding that the packaging company had merely acquired the right to supply goods and services to the Crown using its own undertaking, which did not amount to a transfer of part of the Crown's undertaking.
