The Catholic Children's Aid Society of Toronto brought a motion to place a 12-year-old child, B., in the temporary care of his mother, subject to supervision.
The father brought a cross-motion seeking temporary care of B. or increased access.
The court applied a flexible, contextual analysis for varying temporary care orders under the Child, Youth and Family Services Act.
The court found that the father lacked insight into B.'s long-standing hygiene, social, and mental health issues, and had not adequately addressed protection concerns.
In contrast, the mother demonstrated significant commitment and a concrete plan to address B.'s needs.
The court dismissed the father's cross-motion and granted the society's motion, placing B. in the mother's temporary care with society supervision, while crafting an access order to foster B.'s connection with his father.
