DATE: 20040706

DOCKET: C40857

COURT OF APPEAL FOR ONTARIO

RE:

WINDSOR-ESSEX CHILDREN’S AID SOCIETY (Applicant (Appellant)) – and – B.F. (Respondent (Respondent in Appeal)

BEFORE:

ABELLA, MOLDAVER and BORINS JJ.A.

COUNSEL:

Timothy G. Price

for the appellant

Ruza Ljumovic

for the respondent

HEARD AND ENDORSED:

July 5, 2004

On appeal from the judgment of Justice B.T. Granger of the Superior Court of Justice dated October 3, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] We see no error in the conclusion reached by Granger J. In the circumstances of this case, having regard to the ex parte manner in which the Society obtained the order, notwithstanding that it knew the mother was contesting the application and given the mother’s Parenting Plan, we agree that credibility issues have been raised and a genuine issue for trial exists. To the extent possible, this trial should be expedited.

[2] Appeal dismissed with total costs fixed in the amount of $500.00.