COURT FILE NO.: 139/09
DATE: 20090820
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, SWINTON AND LOW JJ.
B E T W E E N:
CHILDREN AND FAMILY SERVICES FOR YORK REGION
Applicant
(Appellant)
- and -
H.C., C.S. AND R.C.
Respondents
(Respondents in Appeal)
-and-
THE CANADIAN HEARING SOCIETY
(Intervenor)
Amelia M. James, for the Appellant
Elizabeth W. Mark and David P. Miller, for H.C.
Tammy Law, for Mr. Saunders
Michael Polisuk, for the Children’s Lawyer
Kerri Joffe, for the Intervenor
HEARD at Toronto: August 20, 2009
Amendment: to reflect omitted name of counsel David P. Miller, for H.C., released August 21, 2009.
This has been corrected to: Elizabeth W. Mark and David P. Miller, for H.C., dated September 1, 2009.
CARNWATH J.: (Orally)
[1] We all agree that the appeal is allowed in part. Paragraph 2(ii) of the order of Olah J. dated August 12, 2008, ordering the Society to assign a family worker familiar with American sign language, is quashed.
[2] With the exception of paragraph 2(iii) (which we are advised has been complied with), all other provisions of the order, paragraph 1, paragraph 2(i) and paragraphs iv to xi, inclusive are confirmed.
[3] Our reasons will follow. We have given our decision this day to permit the parties to plan for the future. We encourage them to prepare a re-integration plan in accordance with paragraph 2(ix) of Olah J.’s order to prepare for the resumption of school following Labour Day.
[4] When the reasons issue, there will be an invitation for the parties to make submissions as to costs, unless there has been an agreement made among the parties on costs, which I rather expect has not been reached.
CARNWATH J.
SWINTON J.
LOW J.
Date of Reasons for Judgment: August 20, 2009
Date of Release: August 21, 2009 - Amended September 1, 2009 as described on Page 1.
COURT FILE NO.: 139/09
DATE: 20090820
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, SWINTON AND LOW JJ.
B E T W E E N:
CHILDREN AND FAMILY SERVICES FOR YORK REGION
Applicant
(Appellant)
- and -
H.C., C.S. AND R. C.
(Respondents in Appeal)
Respondents
(Respondents in Appeal)
-and-
THE CANADIAN HEARING SOCIETY
(Intervenor)
ORAL REASONS FOR JUDGMENT
CARNWATH J.
Date of Reasons for Judgment: August 20, 2009
Date of Release: August 21, 2009 - Amended September 1, 2009 as described on Page 1.