Leanne E. Way

The Children's Aid Society of Waterloo Region brought a summary judgment motion seeking an order for their Openness Application to proceed under s. 197 of the Child, Youth and Family Services Act, 2017 (CYFSA).

The children are Métis and were adopted by the adoptive parents.

The motion addressed whether the Openness Application could proceed despite alleged failures by the Society to properly serve the Métis Nation of Ontario and an unidentified First Nation band, as required by the CYFSA.

The court found that formal service and notice to the Métis community were not required for the Openness Application to proceed, as the Métis Nation of Ontario is not a "listed community" under the Act, and the determination of a child's community for statutory notice purposes is a ministerial, not judicial, function.

The court ordered the Openness Application to proceed under s. 197 and expedited the trial management conference and openness hearing.

The respondent, Tracey Daunheimer-Bruni, brought a motion to change child support and parenting terms from two final court orders, seeking permission for travel, an increase in child support, enrollment in Our Family Wizard, and application of RESP funds.

The court, operating under COVID-19 protocols for urgent matters, found no urgency in the issues raised, noting the motion had not been issued or served, and the requested changes were nominal or premature.

The court dismissed the motion, advising the moving party to pursue it in the ordinary course once regular court operations resumed.