The Durham Children’s Aid Society brought without-notice motions (14B Motions) to correct an error in a temporary order, seeking to change temporary care and custody to the Society, which would retroactively trigger a 24-month wardship time limit.
The Respondent Mother's counsel brought an oral motion to strike these 14B Motions and supporting affidavits.
The court found that the Society's actions were procedurally unfair, as the change would cause substantive prejudice to the Respondent Mother and she had not been noted in default.
The Society's 14B Motions were dismissed.
