COURT OF APPEAL FOR ONTARIO
RE:
WINDSOR-ESSEX CHILDREN’S AID SOCIETY (Applicant (Appellant)) – and – B.F. (Respondent (Respondent in Appeal)
BEFORE:
ABELLA, MOLDAVER and BORINS JJ.A.
COUNSEL:
Timothy G. Price
for the appellant
Ruza Ljumovic
for the respondent
HEARD AND ENDORSED:
July 5, 2004
On appeal from the judgment of Justice B.T. Granger of the Superior Court of Justice dated October 3, 2003.
A P P E A L B O O K E N D O R S E M E N T
1We see no error in the conclusion reached by Granger J. In the circumstances of this case, having regard to the ex parte manner in which the Society obtained the order, notwithstanding that it knew the mother was contesting the application and given the mother’s Parenting Plan, we agree that credibility issues have been raised and a genuine issue for trial exists. To the extent possible, this trial should be expedited.
2Appeal dismissed with total costs fixed in the amount of $500.00.