Court of Appeal for Ontario

Date: 2022-10-11 Docket: C70409

Before: Fairburn A.C.J.O., MacPherson and Huscroft JJ.A.

Between: Demetrios Angelis Plaintiff (Appellant)

And: Children’s Aid Society of Ottawa Defendant (Respondent)

Counsel: James Zibarras, for the appellant Giovanna Asaro, for the respondent

Heard and released orally: October 3, 2022

On appeal from the order of Justice Julianne A. Parfett of the Superior Court of Justice, dated February 10, 2022, with reasons reported at 2022 ONSC 501.

Reasons for Decision

[1] This is an appeal from an order striking the appellant’s action. The appellant claims that the motion judge erred in concluding that the underlying action is an abuse of process. We see no error in her conclusion that the action was a collateral attack on the prior orders because, at its core, the claim entirely parallels the basis upon which the appellant challenged those orders in the Family Court.

[2] Notably, the appellant took no steps to have the protection finding or Crown wardship order (now called extended Society Care order), which led to the ultimate adoption order, set aside or to appeal it. Although the appellant argues that he is not contesting the validity of the orders that led to the adoption, the appellant cannot challenge the respondent’s actions done pursuant to statute without in fact doing so.

[3] The action is a clear attempt to relitigate the very issues before the Family Court in the child protection proceeding.

[4] The appeal is dismissed.

[5] Costs will be paid to the respondent in the amount of $12,000, all inclusive.

“Fairburn A.C.J.O.”

“J.C. MacPherson J.A.”

“Grant Huscroft J.A.”