Rivard

The applicant mother sought child support under the Divorce Act for the parties' 27-year-old disabled daughter, who resides in a therapeutic home and receives ODSP benefits.

The court found that the daughter's receipt of ODSP displaced the presumptive Guidelines amount, and that she did not have a monthly budget deficit.

However, the court ordered the respondent father to pay $100 per month as his proportionate share of the daughter's section 7 expenses, such as clothing and personal hygiene items.

The appellant mother appealed an Ontario Court of Justice decision granting summary judgment to the Children's Aid Society, which placed her two children in extended care with no access.

The mother, who was unrepresented at the motion, contested much of the Society's evidence and was unable to effectively present her case or cross-examine witnesses.

The Superior Court of Justice allowed the appeal, finding that the motions judge erred in using discretionary powers to weigh evidence and evaluate credibility without a trial, as the polarized positions and procedural fairness concerns meant a fair and just result could not be achieved summarily.

The matter was remitted for trial before a different judge.