Court File and Parties

CITATION: Simcoe Muskoka Child, Youth and Family Services v. K.D., 2019 ONSC 655

DIVISIONAL COURT FILE NO.: DC-18-1091

DATE: 20190125

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Simcoe Muskoka Child Youth and Family Services, Appellant

AND:

K.D. and A.B., Respondents

BEFORE: Corbett, Myers, Sheard JJ.

COUNSEL: Michael Sirdevan, for the Appellant

K.D. – Not Appearing

A.B. - Unrepresented

HEARD at Oshawa: January 24, 2019

ENDORSEMENT

[1] Mr. K.D.’s counsel was removed from the record today because, after Mr. K.D. was released from jail in July, 2018, he had no contact with his lawyer. Mr. K.D.’s former counsel and the Society made efforts to contact Mr. K.D. and Mr. K.D.’s mother, without success. Mr. K.D. has not, on his own initiative, made inquiries about the status of this appeal. We would dismiss the appeal as abandoned.

[2] We would also, on an alternative basis, dismiss the appeal on the merits: the court below was justified in proceeding on the basis of the default by the parents. Mr. K.D. has described parenting plans he would like to offer, but has not, as of the date of this appeal, delivered an actual parenting plan. Delay has prejudiced the child by delaying a potential adoption to a family that has previously adopted a half-sibling.

[3] This appeal cannot succeed on the merits on the record before us, and adoption should proceed without delay.

Corbett J.

I agree _______________________________

Myers J.

I agree _______________________________

Sheard J.

Date: January 25, 2019