Louis Alexiou (on behalf of the Office of the Children’s Lawyer

The Catholic Children's Aid Society of Toronto brought a status review application.

The court addressed the issue of whether a party from a previous status review application automatically remains a party in a new one.

The court determined that party status does not automatically roll over and that the maternal grandfather, who was a party in a prior proceeding, no longer met the statutory definition of a "parent" under the Child, Youth and Family Services Act, 2017, nor did he meet other criteria for party status or notice.

Relying on its inherent authority to control its own process, the court ordered the removal of the maternal grandfather as a party, finding it to be in the child's best interests and to prevent unnecessary delays and costs.

This case addresses motions within a child protection status review application concerning the temporary care and custody of a 7-year-old child.

Following the criminal charging of the maternal grandfather, who previously had custody, the mother and father each sought temporary care.

The Catholic Children’s Aid Society of Toronto (CCAS) proposed joint care.

The court, emphasizing the child's best interests and the parents' high conflict, rejected joint custody.

It ordered the child to be placed in the temporary care and custody of the mother, with significant access to the father, and mandated counseling for both parents to mitigate conflict.