E.M. v. E.N., 2026 ONCJ 341

WARNING

The court hearing this matter directs that the following notice should be attached to the file:

This is a case under Part V of the Child, Youth and Family Services Act, 2017, (being Schedule 1 to the Supporting Children, Youth and Families Act, 2017, S.O. 2017, c. 14), and is subject to subsections 87(7), 87(8) and 87(9) of the Act. These subsections and subsection 142(3) of the Act, which deals with the consequences of failure to comply, read as follows:

87.—(7) Order excluding media representatives or prohibiting publication.— Where the court is of the opinion that the presence of the media representative or representatives or the publication of the report, as the case may be, would cause emotional harm to a child who is a witness at or a participant in the hearing or is the subject of the proceeding, the court may make an order,

(c) prohibiting the publication of a report of the hearing or a specified part of the hearing.

(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.

ONTARIO COURT OF JUSTICE

CITATION: E.M. v. E.N., 2026 ONCJ 341 DATE: 2026 06 01 COURT FILE No.: BRAMPTON 25-0450

BETWEEN:

E.M. Applicant

— AND —

E.N. Respondent

Before Justice S.V. Khemani Heard on May 28, 2026 Reasons for Judgment released on June 1, 2026

E.M. ........................................................................................... applicant, on her own behalf E.N. ………………………………………………………………...…. respondent in person Limited appearance by Efe Jesuorobo ….…………………counsel for the respondent No appearance by or on behalf of the Peel Children’s Aid Society

KHEMANI J.:

Children

1The children are:

E.J.N. born July XX, 20XX E.O.N. born June XX, 20XX

Attendance of Respondent’s Counsel

2Respondent’s counsel failed to attend court. The Respondent advised that he received an email from counsel on the morning of the appearance indicating that she was no longer representing him. A review of the court file confirmed that no motion to be removed as counsel of record had been brought and no Form 4 (Notice of Change in Representation) had been filed.

3At the Court’s request, Duty Counsel P. Akello contacted counsel, who was available and subsequently attended the hearing via Zoom. No prior request for virtual attendance had been made.

4Counsel initially advised that she was unaware of the scheduled appearance and then sought to be removed as counsel of record. The Court considered her oral motion based on submissions. Further particulars are contained in the sealed record.

5The public record reflects a pattern of non-attendance, failure to file required materials, lack of preparedness, and non-compliance with court orders dated January 16, February 18, and March 11, 2026. These failures have impeded the efficient management of this case and caused delay. This is particularly concerning given that the matter involves young children and allegations of emotional harm arising from ongoing caregiver conflict.

6For oral reasons delivered, Efe Jesuorobo is removed as counsel of record for the Respondent.

7Court’s Administration shall issue and enter all outstanding orders. Approval by the parties is waived.

May 28, 2026 Appearance

8This matter returns for case management to monitor the involvement of the Office of the Children’s Lawyer (“OCL”) and the Children’s Aid Society (“Society”).

9J.O. (paternal aunt), L.N. (father’s partner), and L.NW. (paternal grandmother) attended in court in support of the Respondent. At the Court’s direction, they were asked to remain outside the courtroom while the matter was heard. This direction was made in light of their alleged involvement in the parties’ highly contentious parenting exchanges.

Office of the Children’s Lawyer

10By correspondence dated May 2, 2026, the Court and the parties were advised that the OCL intends to investigate and report with respect to decision-making responsibility and parenting time. Clinical Investigator Tanja Corovic has been assigned.

11The investigation will require time and will include interviews with the parties and the children, as well as consultation with relevant collateral sources.

Children’s Aid Society Involvement

12At the commencement of this application in August 2025, E.J.N. (then 8) resided with the Respondent and E.O.N. (then 6) resided with the Applicant. Since approximately June 2025, E.J.N. has refused parenting time with the Applicant, reportedly following allegations of physical abuse, which prompted police and Society involvement.

Procedural History

January 16, 2026:

13The matter did not proceed due to Respondent’s counsel’s non-attendance and failure to file materials. The Court raised concern regarding the children’s ages and the level of conflict and encouraged the parties to consider OCL involvement.

February 18, 2026:

14The Court was advised that although no criminal charges were laid, the Society remained involved. The younger child, E.O.N., remained in the Applicant’s care. E.J.N. continued to refuse contact. With the assistance of duty counsel S. Okola, the parties reached a temporary without-prejudice agreement respecting parenting time. The Court ordered production of Society records and requested that the Society either provide a confirming letter or attend court.

March 11, 2026:

15Society representatives did not attend and relied on written correspondence dated March 9, 2026. The materials were expressly described as a general overview and not full disclosure. The Court accepted that the Society was actively involved and identified emotional harm arising from parental conflict as the primary concern.

April 20, 2026:

16In chambers, the Applicant’s motion for leave to bring a motion for parenting time and police enforcement was dismissed. The Court expressed concern regarding escalating conflict and its impact on the children and requested that the Society attend the next appearance to advise on its position regarding possible CYFSA proceedings.

May 22, 2026:

17Society counsel advised that it would not attend absent clarification of the Court’s authority to compel attendance and confirmed that production of records would be completed by June 24, 2026.

18The Society did not bring a motion, file an affidavit or any material establishing that the court lacked jurisdiction. In my view, the Society ought to have brought a motion on notice to all persons affected and proceeded with its’ request in court.

19Given the unique issue raised, I have set out this court’s jurisdiction on this issue.

Society’s Position and Information Provided

20The Society confirms ongoing involvement with the family since September 2024, with verified concerns relating to emotional harm due to parental conflict. By way of overview, the Society reports:

• Allegations of physical abuse by the Applicant were not verified;
• Both children are now residing with the Respondent;
• The Respondent and his girlfriend have been recording the children during parenting exchanges;
• The Respondent has been directed to cease recording the children;
• Both parents continue to expose the children to conflict;
• The Applicant is engaged in counselling and the children have begun attending sessions;
• The parents have agreed to attend a virtual parenting program; and
• The Society does not intend to commence protection proceedings at this time.

Jurisdiction and Participation of the Society

I. Family Law Rules under: Courts of Justice Act, R.S.O. 1990, c. C.43 (“Rules”)

21The Rules define Children’s Aid Society as a “government agency”. Sections 2 through 5 under Interpretation are set out as follows:

Primary objective

(2) The primary objective of these rules is to enable the court to deal with cases justly. O. Reg. 114/99, r. 2 (2).

Dealing with cases justly

(3) Dealing with a case justly includes,

(a) ensuring that the procedure is fair to all parties;

(b) saving expense and time;

(c) dealing with the case in ways that are appropriate to its importance and complexity; and

(d) giving appropriate court resources to the case while taking account of the need to give resources to other cases. O. Reg. 114/99, r. 2 (3).

Duty to promote primary objective

(4) The court is required to apply these rules to promote the primary objective, and parties and their representatives are required to help the court to promote the primary objective. O. Reg. 114/99, r. 2 (4); O. Reg. 172/25, s. 3 (3).

Duty to manage cases

(5) The court shall promote the primary objective by active management of cases, which includes,

(a) at an early stage, identifying the issues, and separating and disposing of those that do not need full investigation and trial;

(b) encouraging and facilitating use of alternatives to the court process;

(c) helping the parties to settle all or part of the case;

(d) setting timetables or otherwise controlling the progress of the case;

(e) considering whether the likely benefits of taking a step justify the cost;

(f) dealing with as many aspects of the case as possible on the same occasion; and

(g) if appropriate, dealing with all or any part of the case without requiring parties, witnesses or lawyers to attend in person on the basis of written documents or by using telephone or video technology, by way of an order under clause 1 (7.2) (i) or (i.1). O. Reg. 114/99, r. 2 (5); O. Reg. 152/21, s. 2.

II. Children’s Law Reform Act, R.S.O. 1990, c. C.12 (“CLRA”)

22The applicable sections of the CLRA are as follows:

Best interests of the child

24 (1) In making a parenting order or contact order with respect to a child, the court shall only take into account the best interests of the child in accordance with this section. 2020, c. 25, Sched. 1, s. 6.

Primary consideration

(2) In determining the best interests of a child, the court shall consider all factors related to the circumstances of the child, and, in doing so, shall give primary consideration to the child’s physical, emotional and psychological safety, security and well-being. 2020, c. 25, Sched. 1, s. 6.

Factors

(3) Factors related to the circumstances of a child include,

(a) the child’s needs, given the child’s age and stage of development, such as the child’s need for stability;

(b) the nature and strength of the child’s relationship with each parent, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life;

(c) each parent’s willingness to support the development and maintenance of the child’s relationship with the other parent;

(i) the ability and willingness of each person in respect of whom the order would apply to communicate and co-operate, in particular with one another, on matters affecting the child;

Duties on the Parties

Best interests of the child

33.1 (1) A person to whom decision-making responsibility, parenting time or contact has been granted with respect to a child under a parenting order or contact order shall exercise the decision-making responsibility, parenting time or contact in a manner that is consistent with the best interests of the child within the meaning of section 24. 2020, c. 25, Sched. 1, s. 10.

Protection of children from conflict

(2) A party to a proceeding under this Part shall, to the best of the party’s ability, protect any child from conflict arising from the proceeding. 2020, c. 25, Sched. 1, s. 10.

Complete, accurate and up-to-date information

(4) A party to a proceeding under this Part, or a person who is subject to an order made under this Part, shall provide complete, accurate and up-to-date information if required to do so under this Part. 2020, c. 25, Sched. 1, s. 10.

Duties on the Court

33.3 (1) The purpose of this section is to facilitate,

(a) the identification of orders, undertakings, recognizances, agreements or measures that may conflict with a parenting order or contact order; and

(b) the co-ordination of proceedings. 2020, c. 25, Sched. 1, s. 10.

Information regarding other orders or proceedings

(2) The court has a duty to consider if any of the following are pending or in effect in relation to any party to a proceeding under this Part, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so:

2. A child protection order, proceeding, agreement or measure.

III. Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1 (“CYFSA”)

23The preamble and relevant sections of the CYFSA are as follows:

Preamble

The Government of Ontario acknowledges that children are individuals with rights to be respected and voices to be heard.

The Government of Ontario is committed to the following principles:

Services provided to children and families should be child-centred.

Interpretation

Definitions

“service” includes,

(a) a service for a child with a developmental or physical disability or the child’s family,

(b) a mental health service for a child or the child’s family,

(c) a service related to residential care for a child,

(d) a service for a child who is or may be in need of protection or the child’s family,

(e) a service related to adoption for a child, the child’s family or others,

(f) counselling for a child or the child’s family,

(g) a service for a child or the child’s family that is in the nature of support or prevention and that is provided in the community,

(h) a service or program for or on behalf of a young person for the purposes of the Youth Criminal Justice Act (Canada) or the Provincial Offences Act, or

(i) a prescribed service; (“service”)

Paramount Purpose

1(1) The paramount purpose of this Act is to promote the best interests, protection and well-being of children.

Functions

35 (1) The functions of a children’s aid society are to,

(a) investigate allegations or evidence that children may be in need of protection;

(b) protect children where necessary;

(c) provide guidance, counselling and other services to families for protecting children or for the prevention of circumstances requiring the protection of children;

(d) provide care for children assigned or committed to its care under this Act;

(e) supervise children assigned to its supervision under this Act;

(f) place children for adoption under Part VIII (Adoption and Adoption Licensing); and

(g) perform any other duties given to it by this Act or the regulations or any other Act.

24The Society, as a government agency exercising statutory child protection functions, operates within a legislative framework that intersects with the Court’s obligations under the Rules, the CLRA and the CYFSA.

25The Court is mandated to actively manage cases, ensure fairness, and promote the just determination of issues. In parenting matters, the Court must give primary consideration to the children’s physical, emotional, and psychological safety, security, and well-being (CLRA, s. 24). This obligation is heightened where the parties are self-represented, the children are young, there is high conflict between the parties and third-party records have not been produced.

26The record establishes that:

• The children are exposed to ongoing parental conflict;
• The Society has verified risk of emotional harm;
• The parties are not meeting their obligations under s. 33.1 of the CLRA;
• The Court lacks complete, reliable, and current information necessary to determine the issues before it.

27The Court also has a positive obligation under s. 33.3 of the CLRA to consider and coordinate with any child protection involvement.

28In these circumstances, the Court is entitled to seek relevant evidence from the Society where such information is necessary to fulfill its statutory mandate and is not otherwise available.

Conclusion and Order

29The CYFSA recognizes that children are individuals with rights that must be protected. This matter was referred to the Society due to concerns regarding the children’s emotional well-being and their need for safe, stable, and meaningful relationships with both parents.

30Although the Society has provided limited summaries, these are qualified by disclaimers and full disclosure has not yet been made. The Society has indicated that its records will be produced by June 24, 2026.

31Based on the foregoing and on the return of this matter, the primary Children's Aid Society worker with direct knowledge of the issues before the court shall attend with the Society’s records.

Note to the parties: On May 28, 2026, the court contemplated adjourning this matter to June 18, 2026. The Court has revised the return date and corresponding filing deadlines to accommodate the anticipated production of the Society’s records.

ORDER:

1. Counsel E. Jesuorobo is removed as counsel of record for the Respondent.

2. Court’s Administration shall issue and enter all outstanding orders.

3. Approval of orders waived.

4. The Applicant is given leave to bring a Motion for parenting time and primary residence.

5. Motion to proceed on June 26, 2026 at 10.00 AM in court no. 208. The morning is closed off for this matter.

6. The Applicant shall serve and file her Notice of Motion and supporting affidavit no later than June 12, 2026.

7. The Respondent shall serve and file his responding affidavit no later than June 19, 2026.

8. The Applicant shall serve and file her reply, if any, by June 25, 2026.

9. Moving and responding affidavits shall not exceed 8 pages, double spaced, standard margins and 12-point font. Exhibits are excluded.

10. Reply affidavit shall not exceed 3 pages, double spaced, standard margins and 12-point font.

11. On the return of this matter, the primary Children's Aid Society worker with direct knowledge of the issues before the court shall attend with the Society’s records.

12. This Endorsement shall be sent to Peel Children’s Aid at legal@peelcas.org:

a. Deana DeGrace, Legal Director;

b. A. Rozario, Counsel;

c. A. Asante-Yirenki, Child Protection Worker;

d. A. Mensah, Supervisor.

13. CA shall send release this Endorsement to parties and counsel E. Jesuorobo.