R. Murdoch

The applicant father brought a motion for summary judgment seeking sole custody of his three children and an order forcing them into a reunification program (Family Bridges) with a 90-day no-contact period with the respondent mother.

The mother brought a cross-motion for summary judgment seeking sole custody and access at the children's discretion.

The court found no genuine issue for trial, concluding that the children's refusal to see their father was a justified estrangement resulting from his past violence, rather than parental alienation by the mother.

The court respected the strong and consistent views and preferences of the children, dismissed the father's motion, and granted the mother's motion for sole custody with access at the children's discretion.

The applicant Children's Aid Society brought an application to extend a secure treatment order for a 15-year-old Crown ward for a period of 180 days.

The youth suffered from schizophrenia and substance abuse issues, and had a history of high-risk behaviours including going AWOL and acting aggressively.

The court found that all five criteria under section 120(5) of the Child and Family Services Act were met, including that the youth suffered from a mental disorder, the treatment would prevent serious bodily harm, no less restrictive method was appropriate, and there was an appropriate plan for care upon release.

The application was granted and the secure treatment order was extended for 180 days.