DATE: 20011011 DOCKET: C36229

COURT OF APPEAL FOR ONTARIO

RE:

NIPPISING PARRY SOUND CHILDREN’S AID SOCIETY (Applicant/Respondent in Appeal) v. S.M. and D.W. .(Respondents/Appellants in Appeal)

BEFORE:

ROSENBERG, FELDMAN and SHARPE JJ.A.

COUNSEL:

Robert J. van der Wijst,

for the appellant

Douglas R. Grandy,

for the respondent

HEARD:

October 9, 2001

RELEASED ORALLY:

October 9, 2001

On appeal from the decision of Justice I. M. Gordon dated February 23, 2001

E N D O R S E M E N T

[1] As counsel for the appellants points out, the order under appeal has very serious consequences. Accordingly, we have carefully reviewed the entire record as well as the reasons of the trial judge and of Gordon J. In our view, there was evidence upon which the trial judge could find that these children were in need of protection and that the order of Crown wardship without access was the only alternative. There was evidence to support the trial judge’s finding that Mr. S.M. was a substantial risk to the children within the meaning of former s. 37(2) (d) of the Child and Family Services Act, R.S.O. 1990, c. C.11 and that in all the circumstances, the children would not be protected from that risk if they were returned to the appellants even with supervision by the respondent.

[2] We see no error by Gordon J. in his review of the case and there is no basis for us to intervene.

[3] Accordingly, the appeal is dismissed without costs.

(signed) “M. Rosenberg J.A.”

(signed) “K. Feldman J.A.”

(signed) “Robert J. Sharpe J.A.”