Court of Appeal for Ontario

Citation: Children’s Aid Society of the Districts of Sudbury and Manitoulin v. I.D., 2008 ONCA 720

Date: 20081020

Docket: C48524

Before: Weiler, Watt and Epstein JJ.A.

Between:

Children’s Aid Society of the Districts of Sudbury and Manitoulin

Applicant (Respondent in Appeal)

and

I.D.

Respondent (Respondent in Appeal)

and

M.R.

Respondent (Appellant in Appeal)

Counsel:

M.R., acting in person

Tammy Law and Lorne Glass, for the respondent, Children’s Aid Society of the Districts of Sudbury and Manitoulin

Elizabeth Julien-Wilson, for the respondent, I.D.

Heard: October 17, 2008

On appeal from the order of Justice R.D. Gordon of the Superior Court of Justice, dated January 28, 2008

APPEAL BOOK ENDORSEMENT

[1] The appellant’s principal submission is that her lawyer at first instance was incompetent in conceding that her son E.R. was in need of protection. Justice Gordon considered this submission and held that, having regard to the substantial medical evidence, the lawyer was not incompetent. Nor was he satisfied that the lawyer had acted outside the appellant’s instructions.

[2] We see no palpable and overriding error in these findings. In any event, on the basis of the record before him, Gordon J. held the result would not have been any different and there was no miscarriage of justice. We agree.

[3] Although no responding material was filed in relation to C.R. by her caregiver, the judge below did not err in declining to order that C.R. be placed in the appellant’s care. Overall, we see no errors of law or fact below.

[4] Accordingly the appeals in relation to E.R. and C.R. are dismissed. While fresh evidence was proffered on this appeal updating the court on the situation respecting both children there is no need, in the circumstances, to consider it.