Court File and Parties
COURT FILE NO.: FS-19-9924 DATE: 20200520
WARNING The court hearing this matter directs that the following notice be attached to the file: This is a case under Part V of the Child, Youth and Family Services Act, 2017, (being Schedule 1 to the Supporting Children, Youth and Families Act, 2017, S.O. 2017, c. 14) and is subject to subsections 87(7), 87(8) and 87(9) of the Act. These subsections and subsection 142(3) of the Act which deals with the consequences of failure to comply, read as follows:
87 . . . Order excluding media representatives or prohibiting publication (7) Where the court is of the opinion that the presence of the media representative or representatives or the publication of the report, as the case may be, would cause emotional harm to a child who is a witness at or a participant in the hearing or is the subject of the proceeding, the court may make an order, (c) prohibiting the publication of a report of the hearing or a specified part of the hearing.
Prohibition re identifying child (8) No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding, or the child’s parent or foster parent or a member of the child’s family.
Prohibition re identifying person charged (9) The court may make an order prohibiting the publication of information that has the effect of identifying a person charged with an offence under this Part. . . .
142 Offences re publication (3) A person who contravenes subsection 87(8) or 134(11) (publication of identifying information) or an order prohibiting publication made under clause 87(7)(c) or subsection 87(9), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation, is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than three years, or to both.
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
Catholic Children’s Aid Society of Toronto Applicant/Respondent in Appeal – and – R.W. Respondent/Appellant
Counsel: Chris Andrikakis, for the Catholic Children’s Aid Society of Toronto, Self-Represented Patric Senson, for the Office of the Children’s Lawyer, for the children
HEARD: April 14, 2020 Kiteley, J.
Reasons for Decision
[1] This is an appeal pursuant to the Child, Youth and Family Services Act by the father R.W. from the decision of Justice Carol Curtis, dated April 8, 2019 in which she granted the summary judgment motion brought by the Catholic Children’s Aid Society of Toronto and placed the children in the Society’s extended care with access to the parents in the discretion of the Society.
[2] At a Status Hearing on January 20, 2020, Horkins J. made an order scheduling this appeal by R.W. to be heard April 14, 2020 together with the companion appeal by the mother O.P. Horkins J. directed R.W. to serve and file his appeal materials by February 28, 2020, failing which the Society could bring a motion on April 14, 2020 to strike this appeal.
[3] R.W. did not perfect his appeal. The Society brought a motion returnable April 14, 2020 to dismiss the appeal.
[4] Before deciding on the motion to dismiss the appeal of R.W., I heard submissions on the appeal brought by O.P. During the course of those submissions, counsel for the CCAST, for O.P. and for the Office of the Children’s Lawyer agreed that R.W. would get the benefit of any order I might make in the appeal by O.P. In effect, he was or should have been a party to O.P.’s appeal and his separate appeal should be dismissed.
Order
ORDER TO GO AS FOLLOWS:
[5] The appeal by R.W. is dismissed on the basis that R.W. will share in the benefit, if any, of the outcome of the appeal by O.P. in FS-19-10027.
Kiteley J.
Released: May 20, 2020
COURT FILE NO.: FS-19-9924 DATE: 20200520 ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
Catholic Children’s Aid Society of Toronto Applicant/Respondent in Appeal – and – R.W. Respondent/Appellant
Reasons for Judgment
Kiteley, J.
Released: May 20, 2020