Stephanie Christine Hayes Giannandrea

This appeal concerns a mother's request for access to three of her six children in extended care following their apprehension by the Children's Aid Society in 2015.

The motion judge granted Crown wardship without access.

The Divisional Court affirmed the decision but applied the old Child and Family Services Act rather than the new Child, Youth and Family Services Act, 2017.

The Court of Appeal allowed the appeal, finding that the transitional provisions of the new Act applied, the record was insufficient to satisfy the expanded access test, the children's Indigenous heritage was not properly considered, and the approach to summary judgment in child protection matters was misapplied.

The matter was remitted to Superior Court for determination under the new legislation.

The applicant mother brought a motion for temporary orders regarding child access, alleging the respondent father had an alcohol dependency, an addiction to pornography, and had placed her under surveillance.

The respondent sought equal parenting time, arguing his alcohol issues were under control.

The court ordered a graduated access schedule for the father, starting with supervised daytime visits and expanding to unsupervised overnight access, strictly conditional upon his compliance with random and scheduled alcohol testing (RAMP) and a section 30 assessment.

A child protection application brought by the Catholic Children's Aid Society of Toronto against parents E.S. and F.S. regarding three children (N., M., and A.) who had been exposed to domestic violence during the marriage.

The respondent father brought a motion to dismiss the protection application, arguing that the Society had failed to establish grounds for protection and that the application constituted an abuse of process.

The court dismissed the father's motion and granted the Society's motion for temporary supervision with conditions, including that the father's access to the vulnerable child M. be subject to the child's wishes, while allowing unsupervised access to the younger child A. pending a full protection hearing.

The appellant appealed a trial judgment regarding equalization, spousal support, and vesting orders.

The Court of Appeal dismissed the appeal, finding no error in the trial judge's rejection of an alleged debt to the appellant's brother or the imputation of income for spousal support.

The Court upheld the vesting of two condominiums in the respondent as security for the equalization and support owed, and provided directions for the sale of the matrimonial home.

The appellant appealed an order making his two biological children Crown wards with no access.

The appeal was dismissed for delay at a status hearing when the appellant failed to appear.

On appeal to the Court of Appeal, the appellant argued the notice of the status hearing did not adequately warn that the appeal could be dismissed.

The Court of Appeal agreed the notice was deficient but dismissed the appeal, finding no appealable error in the underlying wardship decision and concluding no useful purpose would be served by remitting the matter.

Parents appealed a summary judgment order making their children Crown wards without access in a child protection proceeding.

The appeal challenged the motion judge’s conclusion that there were no genuine issues requiring a trial regarding whether Crown wardship was the least disruptive alternative in the children’s best interests under the Child and Family Services Act.

The court held that the evidentiary record revealed no material factual disputes, but rather disagreements about the interpretation of undisputed facts concerning the parents’ commitment and capacity to parent.

Given the statutory time limits on society wardship and the children’s need for permanence and stability, summary judgment was appropriate.

The appeal from the denial of post‑Crown wardship access was also dismissed because the parents failed to adduce evidence satisfying the statutory test requiring proof that access would be beneficial and would not impair adoption prospects.

A status review application for crown wardship of a three-year-old child.

The applicant child protection agency sought crown wardship without access for purposes of adoption.

The respondent mother opposed the application and sought return of the child to her care.

The court found the child continued to be in need of protection due to the mother's paranoid personality disorder, which was pervasive and enduring, contributing to her inability to provide adequate care and stability.

The mother's parenting was significantly impaired, characterized by inability to respond appropriately to the child's cues, inconsistent attendance at access visits, and failure to accept responsibility for her circumstances.

The court made an order for crown wardship with no access.