Court File and Parties
2022 ONSC 7250 DIVISIONAL COURT FILE NO.: 590/22 DATE OF ORAL DECISION: 20221221 RELEASED: 20221222
SUPERIOR COURT OF JUSTICE – ONTARIO DIVISIONAL COURT
RE: The Children's Aid Society of the Regional Municipality of Waterloo, Appellant AND: J.P., R.H., Galipu Mi'Kmaq First Nation, M.B. and C.B., Respondents
BEFORE: Stewart, Charney and Glustein JJ.
COUNSEL: Eric Smith, for the Appellant Brent Balmer, for the Respondent, J.P. R.H., Self-Represented (not in attendance) Qalipu Mi'Kmaq First Nation, Self-Represented (not in attendance) Scott Grainger, for the Respondents, M.B. and C.B. Maureen Bulbrook and Valeria Ruoso, Office of the Children’s Lawyer
HEARD at Toronto: December 21, 2022
Endorsement
[1] The motion for leave to appeal the Order of Tweedie, J. dated October 17, 2022 brought by the Children’s Aid Society of the Regional Municipality of Waterloo is hereby dismissed.
[2] As a result of this decision, the stay of the Order of Tweedie J. as ordered and continued by O’Brien, J. on November 1 and 23, 2022 is hereby lifted.
[3] The panel invited and considered costs submissions from the parties. We have determined that an award of costs for the leave motion and costs thrown away for the appeal that did not proceed, fixed at $3000.00 inclusive of all disbursements and applicable taxes, and payable to the Respondent J.P. by the Children’s Aid Society of the Regional Municipality of Waterloo within 30 days of today’s date is a fair and reasonable amount to award for costs in the circumstances.
[4] We also award the sum of $3000.00 in costs, inclusive of all disbursements and applicable taxes, to the Respondents M.B. and C.B. payable by the Children’s Aid Society of the Regional Municipality of Waterloo within 30 days of today’s date.
[5] The Office of the Children’s Lawyer does not seek costs from any party.
Stewart J.
I agree _______________________________ Glustein J.
I agree _______________________________ Charney J.
Date of Oral Decision: December 21, 2022 Released: December 22, 2022