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The Ontario Court of Justice retains jurisdiction to enforce final access orders.
The Children's Aid Society of Toronto appealed a Superior Court decision that upheld an Ontario Court of Justice order concerning monthly access to children.
The Society argued that the OCJ lacked jurisdiction to entertain an enforcement motion under Rule 1(8) of the Family Law Rules after a final order had been made, contending that the Child, Youth and Family Services Act, 2017 was a complete code.
The Court of Appeal dismissed the appeal, holding that the OCJ retained jurisdiction to enforce its orders, as the definition of "case" in the Family Law Rules explicitly includes "enforcements" and requiring a new proceeding for enforcement would contradict the principle of avoiding multiplicity of proceedings.
The court also found no reasonable apprehension of bias by the Superior Court judge and addressed procedural fairness concerns.
Motion for leave to appeal dismissed with costs of $5,000 to the responding party.
The moving party brought a motion for leave to appeal an order dated September 14, 2022.
The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party in the amount of $5,000.
