Sheldon Cherner

The Children's Aid Society brought a motion under s. 130 of the CYFSA for the production of third-party records relating to the parents and their five children.

The parents opposed the motion, arguing they had previously consented and the motion was premature.

The kin, who were added as parties to seek access to one child, brought a cross-motion seeking disclosure of the Society's entire file and the third-party records.

The court granted the Society's motion, finding the records relevant to the child protection concerns, with minor exceptions for counselling notes.

The court dismissed the kin's cross-motion, holding that their limited participatory rights only entitled them to records relevant to their claim for access to the one child.

The respondent mother, J.L., brought a motion for the presiding judge to recuse herself from hearing pending motions and the upcoming trial, alleging a reasonable apprehension of bias due to the judge's prior involvement, evidentiary rulings, and perceived negative language.

The respondent father, A.C., supported the motion.

The Children's Aid Society, counsel for the child B.L., and the added kin parties (T.P. and M.C.) opposed the motion.

The court dismissed the recusal motion, finding no reasonable apprehension of bias, emphasizing judicial continuity in complex family law cases and the high threshold for recusal.

The children's aid society sought extended society care for three young children and a custody order to a grandmother for the oldest child.

The parents opposed the orders, seeking the return of all four children to their care.

The court found the children were in need of protection due to the parents' history of substance abuse, domestic conflict, and inability to meet the children's developmental and medical needs.

The court concluded that returning the children to the parents was not a viable option and that the society's proposed plan was in the children's best interests.

The oldest child was placed in the custody of his grandmother, and the three younger children were placed in extended society care with limited parental access.