In a child protection proceeding under the Child and Family Services Act, the moving party sought interim supervised access to a child pending the hearing of an appeal from a Crown wardship order.
The motion also requested leave to file fresh affidavit evidence.
While the additional affidavits were not opposed, the court declined to vary the existing order denying access.
Applying s. 59(2.1) of the Act and relevant appellate authorities, the court emphasized that access to a Crown ward requires proof that the relationship is both beneficial and meaningful to the child and will not impair adoption prospects.
Given the impending appeal and the risk of disrupting the child’s welfare shortly before the appeal hearing, the court held it was preferable to leave the matter to the appeal judge.
