The Children's Aid Society of Toronto brought two motions within a child protection application: (1) a motion for summary judgment to find that a 15-year-old child was in need of protection under clause 37(2)(i) of the Child and Family Services Act, and (2) a motion to transfer the case to the Ontario Court of Justice in Brampton.
The child had been apprehended after disclosing physical abuse by the father.
The father was charged with assault and threatening death, with criminal release conditions prohibiting contact with the child.
The father opposed both motions and sought dismissal of the protection application.
The court granted the summary judgment motion, finding the child in need of protection, as the father was unavailable to exercise custodial rights due to criminal conditions and the damaged relationship with the child.
The court dismissed the transfer motion, finding that the preponderance of convenience did not support transferring the case to Brampton at that time, as the Toronto office had established relationships and could manage the case more efficiently.
