COURT OF APPEAL FOR ONTARIO
Sossin, Monahan and Wilson JJ.A.
BETWEEN
H.E-S.
Applicant (Responding Party)
and
Children’s Aid Society of the Niagara Region*, C.E., C.G-H., and J.G-H.
Respondents (Respondents/Moving Party*)
Counsel:
H.E-S., acting in person
Maggie Scull and Paul Heinen, for the moving party Children’s Aid Society of the Niagara Region
Anthony Reitboeck, for the respondent Office of the Children’s Lawyer
Heard and rendered orally: June 15, 2026
On appeal from the order of Justice Theresa Maddalena of the Superior Court of Justice, dated September 8, 2025.
REASONS FOR DECISION
1This is a family law dispute which resulted in the trial judge ordering placement of the children in the care and custody of their maternal aunts under s. 102 of the Child Youth and Family Services Act, S.O. 2017, c. C14.
2The CAS moves to quash the appeal for lack of jurisdiction, arguing that the final order of the Superior Court of Justice – Family Branch was made under the CYFSA, and the appeal properly lies with the Divisional Court, per s. 19(1) (a.1) of the Courts of Justice Act.
3The appellant seeks to appeal the final order to this court. The appellant argues that this court has jurisdiction due to the constitutional, cross-border and broader questions he intends to raise in his appeal.
4We disagree. The underlying statutory order and the grounds of appeal clearly fall within the jurisdiction of the Divisional Court and there is no basis for this court’s jurisdiction.
5The motion to quash is granted.
“L. Sossin J.A.”
“P.J. Monahan 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.