The applicant children's aid society brought a motion to add the respondent father to a parenting capacity assessment that the mother and children were previously ordered to undergo as a condition of a supervision order.
The court dismissed the motion, finding it lacked jurisdiction under section 54(1) of the Child and Family Services Act because there was no active proceeding before the court, as the trial order was final and no status review application had been commenced.
The father's request for costs was also dismissed.
Applying the established principles for awarding costs against a society, the court found the society's conduct was not exceptional or patently unfair.
