Monica Bharadwaj

The Children's Aid Society of Peel brought a summary judgment motion seeking protection findings for the child A.J. and an order for placement with the maternal aunt under Society supervision.

The child's mother and maternal aunt consented to the motion, but the father opposed the placement, advocating for the child to be placed in his care.

The court found the child to be in need of protection, a finding consented to by all parties.

Applying Rule 16 of the Family Law Rules and considering the child's best interests under the Child, Youth and Family Services Act, the court dismissed the father's plan, citing concerns about his undisclosed criminal history, inconsistent living arrangements, and inability to cooperate with the maternal aunt.

The court granted the Society's motion, ordering the child's placement with the maternal aunt, emphasizing the stability and positive care provided by the aunt since the child's birth as the least disruptive alternative.

The defendant pleaded guilty to two counts of assault and one count of failing to comply with a recognizance condition not to communicate with the complainant.

The assaults occurred during a domestic relationship and involved the complainant and her ten-year-old son.

The defendant had a serious criminal record including armed robbery and multiple breaches of court orders.

The court imposed a sentence of 90 days custody followed by two years probation, with conditions including no contact with the victims, a 500-meter exclusion zone, and mandatory counselling for substance abuse, psychotherapy, and domestic abuse.

A DNA order and weapons prohibition were also imposed.