DATE: 20040407

DOCKET: C39178

COURT OF APPEAL FOR ONTARIO

RE:

Y.B. (Appellant) v. WINDSOR ESSEX CHILDREN’S AID SOCIETY (Respondent)

BEFORE:

McMURTRY C.J.O., MOLDAVER AND CRONK JJ.A.

COUNSEL:

Ian Mang

for the appellant

Ronald Burnett

for the respondent

Caroline Leach

for the children

HEARD & ENDORSED:

APRIL 7, 2004

On appeal from the judgment of Justice Rogin dated October 31, 2002.

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

[1] This appeal is adjourned sine die. The Children’s Lawyer is to arrange for Frances Cappe to continue her investigation in order to determine in her view whether the best interests of any of the children would be best served by custody being given to the appellant or maternal grandmother. Such further investigation and further affidavit is to be completed within 30 days.

[2] Counsel to the Children’s Aid Society has agreed that a further assessment of K. be done by Dr. S. A. Clyne and his report submitted within 30 days.

[3] Counsel for all parties shall make written submissions within 14 days of the receipt of the further affidavit of Frances Cappe and the further report of Dr. S. A. Clyne.

[4] Upon receipt of the material referred to in this endorsement, the panel will determine whether further oral submissions will be required before a decision is made in relation to the appeal.