Mohammed v. Children's Aid Society of Metropolitan Toronto
The Court held that Zuker J. properly made a final order under s.37(2)(a) and (b) on the record before him and that Walsh J. correctly dismissed the appeal; matters of changed circumstances (stay of charges and removal of bail restrictions) should be raised at the scheduled status review hearing.
Source-derived case information.
- Citation
- C33590
- Parties
- Appellant: Akim Mohammed; Respondent: Children's Aid Society of Metropolitan Toronto; Respondent: Office of the Children's Lawyer
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 December 2000
- Procedural Posture
- Family / Appeal to Court of Appeal From Order of Justice George T. Walsh Dated December 16, 1999; Hearing and Judgment December 11 14, 2000
- Outcome
- Appeal dismissed
- Legal Topics
- Status Review, Final Order, Child and Family Services Act S.37(2), Appeal Dismissal, Changed Circumstances, Stay of Criminal Charges
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Akim Mohammed
Appellant
Children's Aid Society of Metropolitan Toronto
Respondent
Office of the Children's Lawyer
Respondent
Procedural Posture
Family / Appeal to Court of Appeal From Order of Justice George T. Walsh Dated December 16, 1999; Hearing and Judgment December 11 14, 2000
Legal Issues
- 1 Whether Zuker J. made a valid final order under s.37(2)(a) and (b) of the Child and Family Services Act
- 2 Whether Walsh J. erred in dismissing the appeal from Zuker J.'s decision
- 3 How and when changed circumstances (stay of criminal charges and removal of bail restrictions) may be raised and considered
Ratio Decidendi
The Court held that Zuker J. properly made a final order under s.37(2)(a) and (b) on the record before him and that Walsh J. correctly dismissed the appeal; matters of changed circumstances (stay of charges and removal of bail restrictions) should be raised at the scheduled status review hearing.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed without costs
- Matters regarding changed circumstances to be placed before the judge at the status review hearing scheduled for January 2001
Full Case Text
Judgment text and source record
1 paragraphs
Mohammed v. Children's Aid Society of Metropolitan Toronto Collection Decisions of the Court of Appeal Date 2000-12-14 Docket numbers C33590 Judges Doherty, David H.; Moldaver, Michael James; MacPherson, James C. Subject Family Decision Content DATE: 20001214 DOCKET:C33590 COURT OF APPEAL FOR ONTARIO RE: AKIM MOHAMMED (Respondent/Appellant) and CHILDREN’S AID SOCIETY OF METROPOLITAN TORONTO (Applicant/Respondent) BEFORE: DOHERTY, MOLDAVER AND MACPHERSON JJ.A. COUNSEL: Akim Mohammed (In-person) for the appellant Charlotte Murray for the respondent Children’s Aid Society Deborah L. Stewart for the respondent Office of the Children’s Lawyer HEARD: December 11, 2000 On appeal from the order of Justice George T. Walsh dated December 16, 1999. ENDORSEMENT [1] We are satisfied that Zuker J. made a final order pursuant to s. 37 (2)(a) and (b) of the Child and Family Services Act. We are also satisfied that it was open to him to make such an order on the record before him and we see no basis for interfering with it. Accordingly, in our view Walsh J. was correct to dismiss the appeal from Zuker J.’s decision. [2] The issues that the appellant wishes to raise about an important change in circumstances can be addressed in the context of the status review hearing scheduled for January 2001. In particular, the fact that the criminal charges against the appellant have been stayed and he is no longer subject to a restrictive bail order can be placed before the judge conducting the status review hearing, as well as any other evidence the appellant may wish to rely on. [3] The appellant did not pursue any other grounds of appeal. The appeal is dismissed without costs. (signed) “D. Doherty J.A.” (signed) “M. Moldaver J.A.” (signed) “J.C. MacPherson J.A.”