4 total
Temporary care of newborn granted to Society due to mother's unmedicated paranoid schizophrenia posing risk of harm.
The applicant Society brought a motion for temporary care of a newborn child who was apprehended at birth due to concerns regarding the respondent mother's unmedicated paranoid schizophrenia.
The mother opposed the motion, arguing she could safely parent the child without medication and seeking a graduated return.
The court found that the mother's deteriorating mental health, refusal to follow medical advice, and recent aggressive behaviour posed a risk of harm to the child that could not be adequately addressed by a supervision order.
The court granted the Society's motion for temporary care, with the child to be placed with the paternal grandparents.
The court suspended face-to-face access in favour of virtual access due to COVID-19 safety risks.
The Simcoe Muskoka Child and Youth Family Services brought an urgent motion to change a previous order, seeking temporary care and custody of the child BS and addressing the mother's request for face-to-face access during the COVID-19 pandemic.
The child consented to remaining in the Society's care.
The court considered the mother's non-compliance with previous supervision orders and her inability to provide a specific, realistic proposal for safe face-to-face access amidst COVID-19 concerns.
Applying principles from Ribeiro v. Wright, the court granted the Society's motion, ordering temporary care and custody to the Society and limiting the mother to virtual access, with face-to-face visits contingent on the Society deeming them safe.
Summary judgment for Crown wardship denied; child protection issues require full trial.
In a child protection proceeding under Part III of the Child and Family Services Act, the society sought summary judgment for Crown wardship without access in order to pursue adoption of the child by foster parents.
The father opposed the motion and advanced a plan of care proposing that the child reside with him and the paternal great‑grandmother, with daycare and extended family support.
The court held that the society had not established that there was no realistic probability of an outcome other than Crown wardship and that several material issues required a full trial, including the legitimacy of the re‑apprehension, the father’s alleged rehabilitation, kinship placement options, and potential Indigenous heritage considerations.
The court concluded that these matters required credibility assessments and cross‑examination that could not be resolved on a summary judgment record.
The society’s motion for summary judgment and the father’s motion for interim care were both dismissed, and the matter was directed to proceed to trial.
Appeal from business sale judgment largely dismissed, with minor variations to liability and interest dates.
The appellants appealed a trial judgment concerning a business sale transaction, a management consultant agreement, and a promissory note.
The Court of Appeal upheld the trial judge's findings that the sale was governed by the June 5, 2000 Agreement and that there was no actionable misrepresentation.
The court affirmed the $8,300 award under the management consultant agreement but varied the judgment to hold only the corporate appellant liable.
The court also varied the interest calculation on a $70,000 promissory note on consent.
The appeal was otherwise dismissed.
