COURT OF APPEAL FOR ONTARIO
RE:
L.A.T. (Applicant/Appellant) –and- S.S., J.S., THE DURHAM CHILDREN’S AID SOCIETY AND D. HARDY-MITCHELL
BEFORE:
GILLESE, LANG AND MACFARLAND JJ.A.
COUNSEL:
Brian J. R. Hall
for the appellant
Rachael L. Eynon
for the respondents S. and J.S.
Zahava Day
for the respondent Durham Children’s Aid Society
HEARD & ENDORSED:
July 19, 2006
On appeal from the final orders of Justice M.A.C. Scott of the Superior Court of Justice, dated January 13, 2006.
A P P E A L B O O K E N D O R S E M E N T
1The parties are agreed that an order will issue continuing the interim publication ban.
2In our view, the application judge correctly dismissed the appellant’s custody application because the Child and Family Services Act, RSO 1990 c.C11 is paramount to and precluded the custody application.
3As well, the application judge correctly determined that the Crown wardship order and the child’s placement for adoption precluded the appellant’s application for a family adoption.
4We also see no error in the application judge’s granting of a restraining order.
5Accordingly, the appeals are dismissed.
6The respondents are successful and are entitled to costs. Costs to the respondent CAS in the amount of $2,500 inclusive of disbursements and GST and to the S. respondents in the amount of $6,000 also inclusive of disbursements and GST.