COURT OF APPEAL FOR ONTARIO

DATE: 20001214

DOCKET:C33590

RE: A.M. (Respondent/Appellant) and CHILDREN’S AID SOCIETY OF METROPOLITAN TORONTO (Applicant/Respondent)

BEFORE: DOHERTY, MOLDAVER AND MACPHERSON JJ.A.

COUNSEL: A.M. (In-person)

for the appellant

Charlotte Murray

for the respondent Children’s Aid Society

Deborah L. Stewart

for the respondent Office of the Children’s Lawyer

HEARD: December 11, 2000

On appeal from the order of Justice George T. Walsh dated December 16, 1999.

E N D O R S E M E N T

[1] We are satisfied that Zuker J. made a final order pursuant to s. 37 (2)(a) and (b) of the Child and Family Services Act. We are also satisfied that it was open to him to make such an order on the record before him and we see no basis for interfering with it. Accordingly, in our view Walsh J. was correct to dismiss the appeal from Zuker J.’s decision.

[2] The issues that the appellant wishes to raise about an important change in circumstances can be addressed in the context of the status review hearing scheduled for January 2001. In particular, the fact that the criminal charges against the appellant have been stayed and he is no longer subject to a restrictive bail order can be placed before the judge conducting the status review hearing, as well as any other evidence the appellant may wish to rely on.

[3] The appellant did not pursue any other grounds of appeal. The appeal is dismissed without costs.

(signed) “D. Doherty J.A.”

(signed) “M. Moldaver J.A.”

(signed) “J.C. MacPherson J.A.”