Court File and Parties
CITATION: Finn v. Highland Shores Children’s Aid Society, 2022 ONSC 7270
DIVISIONAL COURT FILE NO.: 18-924 18-925
DATE: 20221229
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: FR. PAUL FINN, Applicant
AND:
HIGHLAND SHORES CHILDREN’S AID SOCIETY, Respondent
BEFORE: Firestone RSJ, Lederer and Morgan JJ.
COUNSEL: Robert J. Reynolds, for the Applicant
Candice Pilgrim, for the Respondent
Brian Blumenthal, for the Child and Family Services Review Board
HEARD at Ottawa by video: December 22, 2022
ENDORSEMENT
[1] This is an application for judicial review. It first came before this Court on November 30, 2022. On that day the Court raised, as a preliminary issue, the jurisdiction of both the Internal Complaints Review Committee and the Child and Family Services Review Board and the role each play in proceedings undertaken pursuant to the Child Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1.
[2] As a result by endorsement dated December 1,2022, this proceeding was adjourned to December 22,2022 to allow for the filing of Facta that responded to these concerns and to provide the Child and Family Services Review Board with an opportunity to take part in the consideration of these issues.The judicial review will be heard on a date to be set by the Registrar.
[3] In that endorsement it was directed that this preliminary issue be determined prior to the hearing of this application on the merits.
[4] At the return date on December 22,2022 the Court advised counsel that the panel had reviewed the additional material filed, noted that each of them supported the Court hearing the matter on its merits and concluded that the matter should proceed to judicial review.
[5] At that time the applicant requested leave to file an amended factum to address an additional legal issue it wished to raise. The respondent opposed the request. After hearing brief submissions, the Court granted leave.
[6] After brief discussion with counsel, the Court ordered as follows:
The judicial review application on the merits will be heard on a date to be set by the Registrar. This panel is not seized of the matter.
Leave is granted to the Applicant, Fr. Paul Finn, to serve and file, by uploading on to Caselines, an amended factum, no later than Friday, January 27, 2023.
The Respondent, Highland Shores Children’s Aid Society, to serve and file, by uploading on to Caselines, an amended factum, in response, no later than Friday, February 24, 2023.
The parties to serve any amended Factum they provide on the Child and Family Services Review Board, which should it wish to appear at the judicial review, will serve and file, by uploading on to Caselines, no later than Friday, March 10, 2023, a factum outlining its position and any submissions it may wish to make.
[7] The hearing on the merits is to be scheduled before the first available panel. The Court is to notify the parties once the hearing date is fixed. The preliminary issue was raised by the Court. As a result there will be no order as to costs regarding the December 22,2023 attendance
Firestone, RSJ.
Lederer, J.
Morgan, J.
Date: December 29, 2022