M.P. O’Dea

The children's aid society apprehended three children from their father's care due to concerns about his inability to control his temper and excessive discipline.

The society sought an interim order placing the children with their mother and restricting the father's access.

The father brought motions to strike the society's affidavit and dismiss the protection application as an abuse of process, arguing bias and a right to refuse cooperation.

The court dismissed the father's motions, finding no abuse of process and that his refusal to cooperate with services raised valid protection concerns.

Applying the interim placement test, the court found a real risk of emotional and physical harm if the children were returned to the father.

The children were placed with the mother on an interim basis, and the father was granted supervised access subject to strict conditions.

The Children's Aid Society sought Crown wardship without access for a child who had been in foster care for almost six years.

The mother and maternal grandparents sought placement of the child in their care.

The court found that the child had formed a secure attachment to her foster family and that removing her would cause significant, irreversible emotional harm.

The court also found that the mother and grandparents could not meet the child's emotional needs.

The court ordered Crown wardship for the purpose of adoption and denied access to the mother and grandparents, finding that access would not be beneficial or meaningful and would risk destabilizing the child's placement.