COURT OF APPEAL FOR ONTARIO
Paciocco, Sossin and Wilson JJ.A.
BETWEEN
M.M.
Applicant (Appellant)
and
Children’s Aid Society of Toronto and C.L
Respondents
(Respondents in appeal)
Counsel:
M.M., appearing in person
Margarida Pacheco, for the respondent Children’s Aid Society of Toronto
Julia Tremain and Patric Senson, for the respondent Office of the Children’s Lawyer
C.L., appearing in person
Heard and rendered orally: June 16, 2026
On appeal from the order of Justice Kenneth G. Hood of the Superior Court of Justice, dated December 17, 2025.
REASONS FOR DECISION
1The appeal judge did not err in dismissing the appeal from a child protection order made in the Ontario Court of Justice. He explained correctly why the federal Conflict of Interest Act, S.C. 2006, c. 9, s. 2 had no application to the proceedings below; why there was no basis for a reasonable apprehension of judicial bias, and why the delay in releasing the Ontario Court of Justice decision was not a basis for setting it aside. We adopt his reasons.
2The appellant also made strong submission before us relating to the merits of the Ontario Court of Justice decision. Those issues are not properly before us as this is an appeal of the decision of the appeal judge, and those issues were not pursued before the appeal judge.
3The fresh evidence offered by the appellant relates to the merits appeal. Since the merits appeal is not properly before us, the fresh evidence cannot be entertained and is not admissible.
4The fresh evidence application and the appeal are dismissed.
5No cost orders have been requested, and none are made.
“David M. Paciocco J.A.”
“L. Sossin J.A.”
“D.A. Wilson J.A.”
Footnotes
- This appeal is subject to a publication ban pursuant to s. 87(8) of the Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1.