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.
