WARNING

This is a case under the Child, Youth and Family Services Act, 2017 and subject to subsections 87(8) and 87(9) of this legislation. These subsections and subsection 142(3) of the Child, Youth and Services Act, 2017, which deals with the consequences of failure to comply, read as follows:

87 (8) Prohibition re identifying child —No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding, or the child’s parent or foster parent or a member of the child’s family.

(9) Prohibition re identifying person charged — The court may make an order prohibiting the publication of information that has the effect of identifying a person charged with an offence under this Part.

142 (3) Offences re publication — A person who contravenes subsection 87(8) or 134(11) (publication of identifying information) or an order prohibiting publication made under clause 87(7)( c ) or subsection 87(9), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation, is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than three years, or to both.

Court of Appeal for Ontario

Date: 2022-12-01 Docket: C69786

Judges: Feldman, Pepall and Tulloch JJ.A.

BETWEEN

Children’s Aid Society of the Region of Peel Applicant (Respondent)

and

L.M. Respondent (Appellant)

Counsel: Andrew Burgess and Jessica Gagné, for the appellant Laura Shaw, for the respondent

Heard: October 14, 2021 by video conference

On appeal from the judgment of the Divisional Court (Justices Lise G. Favreau, Thomas R. Lederer, and Robbie D. Gordon, dissenting), dated March 31, 2021, with reasons reported at 2021 ONSC 1699, setting aside the costs order of Justice David Price of the Superior Court of Justice, dated November 29, 2018, with reasons reported at 2018 ONSC 7170.

Costs Endorsement

[1] By reasons dated May 12, 2022, we allowed L.M.’s appeal of a costs award against the Children’s Aid Society of Peel (the “Society”) that opposed her motion for constitutional state funding for an appeal: 2022 ONCA 379.

[2] As the parties were not able to reach an agreement on the costs of the appeal, we invited them to make written submissions following the hearing. After reviewing the submissions, we are of the view that costs should follow the event, and in the circumstances of this particular case, should reflect more of what the court views as a fair and reasonable amount that should be paid by the unsuccessful party rather than any exact measure of the actual costs to the successful litigant.

[3] Accordingly, costs are hereby fixed in the amount of $15,000, inclusive of HST and all disbursements. This costs order is to be paid forthwith by Children’s Aid Society of Peel to the appellant, L.M.

“K. Feldman J.A.” “S.E. Pepall J.A.” “M. Tulloch J.A.”