Marvin Kurz

The applicant brought a motion seeking multiple forms of relief, including an order that a different judge be seized of the case, a restraining order preventing contact between the respondent's eldest daughter and the applicant's children, an order for supervised access between the applicant's children and the respondent, and various orders regarding Children's Aid Society files and sealing of court records.

The respondent opposed the motion.

The court dismissed most of the applicant's requests, finding that the applicant was engaged in judge shopping and that there was no credible evidence supporting her allegations of sexual abuse.

The court granted an order for bi-weekly supervised sibling access visits between the children and the respondent's eldest daughters at a supervised access centre.

A 13-year-old child commenced a child welfare proceeding against her parents and the local children's aid society, seeking a finding that she and her siblings were in need of protection under the Child and Family Services Act.

The father moved to dismiss the application as an abuse of process and for failure to raise a genuine issue for trial.

The court found that the child had commenced the proceeding under the influence of her mother as a tactical measure to interfere with concurrent Superior Court custody proceedings.

The court dismissed the application, finding it was an abuse of process and raised no genuine issue for trial.

The applicant mother sought disclosure of the complete records of the Children's Aid Society regarding investigations into allegations that her children were sexually abused by a step-sibling.

The respondent father and the CAS opposed the motion.

The court applied the Stavro test for third-party disclosure and considered principles of proportionality and fairness.

The court granted partial disclosure of CAS records related to the specific investigation of the sexual abuse allegations, but denied disclosure of all statements made by the respondent to the CAS, finding the request was overbroad and amounted to a fishing expedition.