DATE: 20060721

DOCKET: C44864 and C44865

COURT OF APPEAL FOR ONTARIO

RE:

L.A.T. (Applicant/Appellant) –and- S.S., J.S., THE DURHAM CHILDREN’S AID SOCIETY AND D. HARDY-MITCHELL

BEFORE:

GILLESE, LANG AND MACFARLAND JJ.A.

COUNSEL:

Brian J. R. Hall

for the appellant

Rachael L. Eynon

for the respondents S. and J.S.

Zahava Day

for the respondent Durham Children’s Aid Society

HEARD & ENDORSED:

July 19, 2006

On appeal from the final orders of Justice M.A.C. Scott of the Superior Court of Justice, dated January 13, 2006.

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

[1] The parties are agreed that an order will issue continuing the interim publication ban.

[2] In our view, the application judge correctly dismissed the appellant’s custody application because the Child and Family Services Act, RSO 1990 c.C11 is paramount to and precluded the custody application.

[3] As well, the application judge correctly determined that the Crown wardship order and the child’s placement for adoption precluded the appellant’s application for a family adoption.

[4] We also see no error in the application judge’s granting of a restraining order.

[5] Accordingly, the appeals are dismissed.

[6] The respondents are successful and are entitled to costs. Costs to the respondent CAS in the amount of $2,500 inclusive of disbursements and GST and to the S. respondents in the amount of $6,000 also inclusive of disbursements and GST.