The applicant children's aid society brought an urgent motion to stay a decision of the Child and Family Services Review Board pending judicial review.
The Board had ordered the immediate removal of a two-year-old child from his current foster family to be placed for adoption with a previous foster family.
Applying the RJR MacDonald test modified for the child protection context, the Divisional Court found that the society raised serious questions regarding procedural fairness, and that the immediate removal of the child posed a significant risk of irreparable harm.
The balance of convenience favoured maintaining the status quo in the child's best interests.
The motion for a stay was granted.
