Court File and Parties

COURT FILE NO.: 572/03

DATE: 20031003

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

MCRAE, DUNNET AND JENNINGS JJ.

B E T W E E N:

KAWARTHA – HALIBURTON CHILDREN’S AID SOCIETY

Respondent

• and -

P.M. and M.C.

Appellants

Alan Barber, for Kawartha-Haliburton

Christopher Spear, for the Children’s Aid Society

Brent Fulton, for P.M. and M.C.

HEARD: October 3, 2003

Oral Reasons for Judgment

MCRAE J.: (Orally)

1There is no merit in this appeal. Counsel for the appellant concedes that the trial Judge acted properly in deciding that this was a case where summary judgment could lie.

2Counsel also argues that it was unfair to proceed in the circumstances when Ms. M.C. was unrepresented.

3The relief sought before the trial Judge was that she have access to the child but as the trial Judge held, wardship leading to adoption with access is not possible under the legislation and is not in the best interest of the child.

4The Judge held at paragraph 18 of his judgment:

“Thus, as of the day of the motion it appears that the parents were consenting to Crown wardship and adoption, the only issue of dispute being whether the mother was to have access.”

5There was evidence before the Judge demonstrating that in the particular circumstances of this case, Crown Wardship leading to adoption with no access was the proper order. In our view, he was not in error in making that order.

6The appeal book will read: “Appeal is dismissed for oral reasons delivered. No order for costs.”

MCRAE J.

DUNNET J.

JENNINGS J.

Date of Reasons for Judgment: October 3, 2003

Date of Release: October 10, 2003

COURT FILE NO.: 572/03

DATE: 20031003

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT