The Children's Aid Society brought a motion without notice to C.O., seeking a finding that C.O. is not a "parent" as defined under the Child, Youth and Family Services Act, 2017, and an order removing him as a respondent.
C.O. had been found to be the father of child E. by Justice Agro in 2007 under the former Child and Family Services Act, and this finding had never been appealed or set aside.
The court dismissed the motion on four grounds: (1) C.O. held the legal status of parent and was entitled to notice as a fundamental principle of natural justice; (2) the coming into force of the CYFSA did not retroactively affect the validity of the prior finding of parentage; (3) C.O. was a party affected by the motion and entitled to notice under the Family Law Rules; and (4) the Society failed to meet the test for bringing a motion without notice.
The court also addressed the Society's conduct in attempting to circumvent procedural requirements and imposed restrictions on future similar motions.
