Court of Appeal for Ontario

Citation: V.R. v. Catholic Children's Aid Society of Toronto, 2008 ONCA 494 Date: 2008-06-20 Docket: C47440

Before: Winkler C.J.O., Feldman J.A. and Lax J. (ad hoc)

Parties

V.R. Appellant

and

CATHOLIC CHILDREN’S AID SOCIETY OF TORONTO Respondent

Counsel

Morris A. Singer for the appellant

Fatima Husain for the respondent

Heard & released orally: June 18, 2008

On appeal from the order of Justice Nancy Backhouse of the Superior Court of Justice dated June 22, 2007.

ENDORSEMENT

[1] The appellant is the paternal grandmother of the two young children whose lives are in issue on this appeal. Following a nineteen-day trial, the family court judge concluded that it was in their best interest to make a Crown wardship order with no access to the purpose of adoption. He provided extensive reasons for his decision.

[2] Madam Justice Backhouse dismissed an appeal from the decision finding no palpable and overriding error in the family court judge’s decision. Referring to it, she said at para. 6 of her reasons:

…. He correctly applied the test of what is in the best interests of the child in considering the evidence he heard during the 19 day trial. I find that he correctly interpreted the facts, did not misapply the legal tests and considered the requisite factors in determining that the children should be made Crown wards. I find no error in the way he dealt with Dr. Amin’s evidence. He weighed the positives in the relationship between the Appellant and the children against the extensive evidence of domestic violence and criminal conduct which the Appellant had been unable to prevent from occurring in her home and found that it would not be in the children’s best interests to be in the Appellant’s care.

[3] Despite Mr. Singer’s able submissions, we see no error in the decisions below nor does the fresh evidence undermine this conclusion.

[4] The appeal is therefore dismissed.

“W. Winkler C.J.O.”

“K. Feldman J.A.”

“J.L. Lax J. (ad hoc)”