Linda Henry

The appellant mother appealed a summary judgment order making her daughter a Crown ward without access.

She argued the motion judge erred in denying her an adjournment to retain new counsel and present additional evidence, and in granting the order on the record before him.

The Divisional Court admitted fresh evidence regarding a new parenting assessment but found it did not raise a genuine issue requiring a trial.

The court concluded the motion judge made no errors in denying the adjournment or in finding that Crown wardship without access was in the child's best interests.

The appeal was dismissed.

The Applicant filed a complaint with the Child and Family Services Review Board alleging that the Children's Aid Society of Niagara refused to reopen an investigation into the suspected sexual abuse of her daughter while in foster care.

The Applicant argued that the Society failed to hear her concerns, failed to provide adequate reasons for its refusal, and failed to proceed with her formal complaint.

The Board found that the Society did not adequately listen to all relevant details provided by the Applicant and failed to provide comprehensive reasons for its decision.

The Society conceded it had not proceeded with the formal complaint process.

The Board ordered the Society to schedule an Internal Complaint Review Panel meeting to address the Applicant's concerns.