Court File and Parties
DIVISIONAL COURT FILE NO.: 395/24 ML
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: KEVIN DOUGLAS GEE, Moving Party
AND:
LINDSAY FRANCES GEE, Responding Party
BEFORE: McSweeney, Davies, Shore JJ.
COUNSEL: Mary Anne Cummings, for the Moving Party
Diane S. Barker, for the Responding Party
HEARD: In-writing
Endorsement
1The motion for leave to appeal the decision of André J. dated June 3, 2024 (amended on July 8, 2024) is dismissed with costs to the Responding Party fixed in the amount of $4,000 all inclusive.
2This decision is not be taken as an endorsement of Justice André’s decision to order the Children’s Aid Society to conduct an assessment under s. 30 of the Children’s Law Reform Act. The parties agree this is a mistake. A Children’s Aid Society is not a “person who has technical or professional skill to assess and report to the court on the needs of the child.” This is the sort of mistake that can and should be corrected on a motion in the Court below under Rule 25(19)(b) of the Family Law Rules.
McSweeney J.
Davies J.
Shore J.
Released: November 22, 2024