WARNING
This is a case under the Child, Youth and Family Services Act, 2017 and subject to subsections 87(8) and 87(9) of this legislation. These subsections and subsection 142(3) of the Child, Youth and Services Act, 2017, which deals with the consequences of failure to comply, read as follows:
87(8) Prohibition re identifying child — No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding, or the child’s parent or foster parent or a member of the child’s family. (9) Prohibition re identifying person charged — The court may make an order prohibiting the publication of information that has the effect of identifying a person charged with an offence under this Part.
142(3) Offences re publication — A person who contravenes subsection 87(8) or 134(11) (publication of identifying information) or an order prohibiting publication made under clause 87(7)(c) or subsection 87(9), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation, is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than three years, or to both.
CITATION: The Children’s Aid Society of London and Middlesex v. A.B.S., 2022 ONSC 4207
DIVISIONAL COURT FILE NO.: DC-22-001
DATE: 20220719
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: The Children’s Aid Society of London and Middlesex, Applicant (Respondent in Appeal)
AND:
A.B.S., Respondent (Appellant in Appeal)
AND:
J.M., Respondent (Respondent in Appeal)
BEFORE: Sachs, Newton, Stewart JJ.
COUNSEL: Christine Mcleod, for the Applicant (Respondent in Appeal), The Children’s Aid Society of London and Middlesex A.B.S., self-represented Salim Khot, for the Office of the Children’s Lawyer
HEARD at Toronto: July 15, 2022
ENDORSEMENT
[1] A.B.S. (the “Appellant”) appealed the decision of Tranquilli J. dated July 21, 2021 containing a number of provisions concerning the protection of and access to her son, J.M. and made following the hearing of a summary judgment motion brought by the Respondent The Children’s Aid Society of London and Middlesex (the “CAS”).
[2] The appeal was initially scheduled to be heard by this panel in London on April 21, 2022 in Toronto. At the hearing, the Appellant requested an adjournment to retain counsel which we granted. The appeal was put over for hearing on July 15, 2022 and marked peremptory to the Appellant.
[3] At the outset of the hearing we were advised that the parties very recently had arrived at a mutually acceptable agreement and, as a result, it was requested that the appeal be dismissed on consent on the terms negotiated by the parties.
[4] In furtherance of the agreement of the parties, a Consent Endorsement Request was provided to the court as agreed executed by the parties, including the Appellant who has obtained independent legal advice before entering into this resolution. Counsel for the Children’s Lawyer who had sought to adduce fresh evidence on the appeal also agrees to the resolution and has so indicated such consent on the Consent Endorsement Request provided.
[5] The parties confirmed their agreement in open court and on the record and were advised that the disposition that they had achieved through their negotiations was satisfactory to the court.
[6] Accordingly, the Consent Endorsement Request is granted and we hereby order as follows:
- The appeal shall be dismissed on consent subject to the following undertaking by the Children’s Aid Society of London and Middlesex:
a. The Children’s Aid Society of London and Middlesex undertakes to:
i. Not place J.M. (“the child”) for adoption without his consent during the 7 months subsequent to the dismissal of this appeal;
ii. Evaluate the possibility of reintegration with the child’s mother, A.B.S., by assessing the situation and increasing access between the child and his mother to a minimum of twice a month while he is in the Society’s care and has not been placed for adoption, while taking into account child’s views and preferences; and;
iii. Bring an early status review application if the Society determines the child can be returned to his mother, subject to the child’s views and preferences.
Stewart J.
I agree _______________________________
Sachs J.
I agree _______________________________
Newton J.
Date: July 19, 2022