Meaghan P. Smith

The applicant mother sought interim child and spousal support, while the respondent father sought interim primary residence and sole decision-making for their four children.

The mother has a severe, ongoing drug addiction that resulted in multiple overdoses and CAS involvement.

The court granted the father primary residence and sole decision-making, finding it in the children's best interests despite the older children's preferences.

The mother's claim for child support was dismissed.

The court imputed the father's income at $103,000 and ordered him to pay interim spousal support of $550 per month while the mother remained in a family-owned property, increasing to $1,000 per month once she vacated.

The Simcoe Muskoka Child, Youth and Family Services sought summary judgment for Crown Wardship without access for the purpose of adoption of the child J.M. The mother, C.G., and Beausoliel First Nation opposed.

The court found J.M. to be a child in need of protection due to the mother's ongoing issues with housing, substance abuse, mental health, and anger, and lack of sustained progress over nearly two years in care.

The court dismissed the mother's proposed plan involving the maternal grandmother due to lack of evidence of suitability.

The court also addressed the mother's objections to a potential adoptive placement with relatives from a different First Nation, finding them insufficient to raise a triable issue.

Summary judgment was granted, ordering Crown Wardship without access.

The judge also commented on systemic issues regarding timely legal representation for parents and the lack of resources within First Nations communities.