Sherri Smolkin

The moving parties sought leave to appeal an order imposing conditions on access to audio tapes and a two-week notice period for further motions.

The Divisional Court dismissed the motion, noting that the condition regarding access to the tapes had already been complied with and the notice period was a procedural matter within the motions judge's discretion.

No costs were ordered.

The appellants, parents of a four-year-old child, appealed a decision making the child a Crown ward without access for the purpose of adoption.

The child had been apprehended at birth and previously found to be in need of protection.

The appellants argued the trial judge erred in finding a lack of cooperation and failed to give sufficient weight to their positive visits.

The Court of Appeal dismissed the appeal, finding the trial judge's key factual findings were supported by the evidence and the disposition was in the child's best interests.