legal representative for the child)

This motion for summary judgment concerned the placement of A.M., an Indigenous child, in extended society care.

The Children's Aid Society sought an order for extended care, while the biological mother opposed it, advocating for A.M.'s return to her care.

The court emphasized the "last resort" nature of extended care, particularly for Indigenous children, and the statutory priority for family and community placements under federal legislation.

The Society failed to demonstrate that there was no genuine issue for trial, specifically lacking evidence of exhaustive efforts to find permanent family or community placements.

The motion was dismissed, preserving the possibility of A.M.'s return to her mother's care after a full trial.

The Children's Aid Society of Toronto brought a motion for summary judgment seeking an order that a child be placed in interim care and custody of the society for six months, with access to the half-brother and his partner at the society's discretion.

The half-brother opposed the motion.

The court found that there was no genuine issue requiring a trial.

The child had been removed from the half-brother's care following allegations of physical abuse and subsequent criminal charges.

The half-brother's bail conditions prohibited contact with the child.

The child had expressed a clear desire not to return to the half-brother's care and had formed strong emotional attachments to her current foster placement.

The court granted the society's motion for summary judgment, placing the child in interim care and custody of the society with access at the society's discretion.

Application by a psychiatrist at McMaster Children's Hospital for an order committing a 16-year-old child with severe eating disorder and multiple mental health conditions to a secure treatment program at Syl Apps Youth Centre for 180 days.

The child opposed the application.

The court found that all six statutory criteria under section 164(1) of the Child, Youth and Family Services Act were met: the child had a mental disorder; had caused serious bodily harm to herself within 45 days preceding the application; had threatened serious bodily harm within 12 months; the secure treatment program would be effective; appropriate treatment was available; and no less restrictive method was appropriate.

The court granted the application for a 180-day commitment.

A child protection proceeding under the Child, Youth and Family Services Act, 2017 involving a child apprehended at age nine from her mother's care.

The court found the child in need of protection under sections 74(2)(b)(i) and 74(2)(b)(ii) of the CYFSA based on risk of physical harm resulting from the mother's failure to adequately care for, provide for, supervise or protect the child, and a pattern of neglect.

The risk arose from the mother's substance abuse, involvement in domestic violence relationships, and poor choices in male partners.

The court rejected the society's other grounds for finding (actual physical harm, emotional harm, and risk of emotional harm).

For disposition, the court made a deemed custody order under section 102(1) of the CYFSA in favour of the maternal grandparents, with whom the child had been residing.

The court made an access order permitting the child to initiate contact with her mother, with the child controlling the terms and conditions of visits.

No access order was made for the stepfather.

An application by the Centre for Addiction and Mental Health and Dr. Jennifer Nguyen for the committal of a 16-year-old youth (JS) to the secure treatment program at Syl Apps for 180 days.

The youth had experienced significant trauma, including the death of her biological mother by overdose and a knife-point robbery.

She suffered from multiple mental health disorders and had made numerous suicide attempts.

The parents and Syl Apps administrator consented to the order, but the youth opposed it.

The court found that all five criteria under section 117(1) of the Child and Family Services Act were met, but reduced the committal term to 90 days due to insufficient evidence regarding the length of commitment and the absence of a discharge plan.

An application to extend a youth's committal to a secure treatment program at Syl Apps Youth Centre for an additional three months was dismissed.

The applicant sought to extend the committal based on five statutory criteria under the Child and Family Services Act.

While the youth conceded that he had a mental disorder and was receiving appropriate treatment, the court found that the applicant failed to establish that it was likely the youth would cause or attempt to cause serious bodily harm to himself or others.

The court distinguished between minor assaults and the serious bodily harm required to justify continued detention under the extraordinary measures provision of the Act.

A child protection application brought by the Children's Aid Society of Brant seeking protection findings and wardship for a child whose mother had a longstanding history of alcohol and drug abuse, mental health issues, and domestic conflict.

The Society sought a six-month kin placement order.

The mother opposed and sought return of the child to her care.

The court found protection findings under certain subsections but determined there was a genuine issue for trial regarding disposition.

Upon consideration of the mother's motion to vary the temporary order, the court found a material change in circumstances and determined the child could be adequately protected under a supervision order if returned to the mother's care, subject to strict conditions and a transition period.