DATE: 20060113

DOCKET: C44061

COURT OF APPEAL FOR ONTARIO

RE:

THE CHILDREN’S AID SOCIETY OF THE CITY OF ST. THOMAS AND THE COUNTY OF ELGIN (Respondent) -and- G.M.R. and B.H. (Appellant)

BEFORE:

WEILER, LASKIN AND ROSENBERG JJ.A.

COUNSEL:

M.L. Riddell

for the appellant

Kathleen Chapman

for the respondent

HEARD & ENDORSED:

January 13, 2006

On appeal from the judgment of J.N. Morissette J. of the Superior Court of Justice, dated July 21, 2005 made at London, Ontario.

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

[1] We are of the view that the evidence amply supported the findings of the trial judge, and of Morissette J. on appeal.

[2] What we take to be the essence of the appellant’s argument is that the circumstances affecting the child have changed so substantially since the original decision we should now order a new hearing.

[3] We do not accept that argument. Although the death of the younger child and the original foster mother just after the trial judgment, and the appellant’s continuing efforts to improve her parenting abilities are changes, they do not alter the fundamental conclusion of Dr. Blake that E.'s best interests are served by a permanent wardship with no access.

[4] We do recognize and commend the appellant for her efforts, and hope that she continues to improve with the help of professionals. But for the past three years, E. has been in a stable and loving relationship with a foster parent who on the evidence has well supported her.

[5] To now upset that arrangement and the stability in E.'s life would not be in her best interests. The appeal is therefore dismissed.