Sheldon Wisener

This was a status review application brought by the Catholic Children’s Aid Society of Toronto concerning two children, E (8) and N (6), who had been in society care since 2021 due to their mother's severe mental health issues.

The Society sought a final custody order granting sole decision-making responsibility and primary residence to S.T., the father's partner, with whom the children had been living since the father's departure following domestic violence charges.

The mother sought custody for herself, while the father initially sought custody but later supported S.T.'s custody.

The court granted S.T. sole custody under section 102 of the Child, Youth and Family Services Act, finding it to be in the children's best interests due to the mother's profound and unaddressed mental health challenges and the father's deceitful conduct, family violence, and lack of insight.

The court ordered supervised access for the mother and structured, reduced day access for the father, emphasizing the children's need for stability and protection from conflict.

Following convictions under the Occupational Health and Safety Act arising from a serious workplace fall that left a worker permanently paralyzed, the court imposed sentences on three defendants.

The supervisor received 45 days continuous custody based on her pattern of non-compliance with court orders and prior convictions under environmental statutes.

An employee received a $2,000 fine for obstructing an MOL inspector.

The corporate employer received a $75,000 fine.

The court emphasized deterrence as the paramount sentencing principle for OHSA offences and rejected arguments that the worker's intoxication or the company's inactive status should mitigate the sentences.