The Children's Aid Society of Niagara brought a motion under s. 121(4) of the Child, Youth and Family Services Act for a temporary order for care and custody of a child and a stay of a previous order by Bale J. The previous order had returned the child to the mother with conditions.
Justice Ramsay clarified the Divisional Court's jurisdiction for appeals under the CYFS Act, noting an appeal as of right.
The court found a palpable and overriding error in Bale J.'s decision to return the child to the mother given serious concerns about the mother's mental health and anger management, as reported by the maternal grandmother.
The motion was granted, varying Bale J.'s order to place the child in the care and custody of the maternal grandmother, subject to the Society's supervision and specific conditions.
The motion for a stay was dismissed as unnecessary.
