CITATION: A.S. v. Durham Children’s Aid Society, 2026 ONSC 843
COURT FILE NO.: DC-25-00000750-00ML
DATE: 20260211
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: A.S., Moving Party
and
DURHAM CHILDREN’S AID SOCIETY, Responding Party
BEFORE: Schreck J.
COUNSEL: A.S., Moving Party, self-represented
S. Grant, for the Responding Party
HEARD: In writing
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), 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.
ENDORSEMENT
[1] This is a motion by A.S. for an extension of time in which to file a motion for leave to appeal a temporary placement order made by Justice Kay on April 16, 2025 pursuant to s. 101(1) of the Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1 (“CYFSA”). A.S., who is self-represented, is the mother of the children who were the subject of the order, which placed them in the temporary care and custody of their father under the supervision of the responding party, the Durham Children’s Aid Society (“CAS”).
The Test for an Extension of Time
[2] Deciding whether to grant an extension of time requires the court to consider four factors: (1) whether the moving party formed an intention to appeal within the relevant time period; (2) the length of, and explanation for, the delay in filing; (3) the prejudice to the responding party or other affected persons caused by the delay; and