V.R. v. Catholic Children's Aid Society of Toronto
The Court of Appeal dismissed the appeal because the trial judge correctly applied the best interests of the child test, properly weighed and assessed the evidence (including expert evidence) and the evidence of domestic violence and criminal conduct justified making the children Crown wards with no access to...
Source-derived case information.
- Citation
- 2008 ONCA 494
- Parties
- Appellant (paternal Grandmother): V.R.; Respondent: Catholic Children's Aid Society of Toronto
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 20 June 2008
- Procedural Posture
- Child and Family Services Appeal (crown Wardship Under Child and Family Services Act) / Court of Appeal — Appeal From Superior Court of Justice (trial Judge's Crown Wardship Order)
- Outcome
- Appeal dismissed
- Legal Topics
- Best Interests of the Child, Crown Wardship, Adoption Access, Domestic Violence, Expert Evidence, Fresh Evidence, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
V.R.
Appellant (paternal Grandmother)
Catholic Children's Aid Society of Toronto
Respondent
Procedural Posture
Child and Family Services Appeal (crown Wardship Under Child and Family Services Act) / Court of Appeal — Appeal From Superior Court of Justice (trial Judge's Crown Wardship Order)
Legal Issues
- 1 Whether the trial judge erred in finding Crown wardship with no access to adoption was in the children's best interests
- 2 Whether the trial judge misapplied legal tests or misweighed evidence including expert evidence (Dr. Amin)
- 3 Whether domestic violence and criminal conduct in the home made placement with the appellant contrary to the children's best interests
Ratio Decidendi
The Court of Appeal dismissed the appeal because the trial judge correctly applied the best interests of the child test, properly weighed and assessed the evidence (including expert evidence) and the evidence of domestic violence and criminal conduct justified making the children Crown wards with no access to adoption; no palpable and overriding error was shown.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
- Order of the Superior Court of Justice (making the children Crown wards with no access to adoption) affirmed.
Full Case Text
Judgment text and source record
1 paragraphs
V.R. v. Catholic Children's Aid Society of Toronto Collection Decisions of the Court of Appeal Date 2008-06-20 Neutral citation 2008 ONCA 494 Docket numbers C47440 Judges Winkler, Warren Keith; Feldman, Kathryn N.; Lax, Joan L. Subject Family Decision Content WARNING THIS IS AN APPEAL UNDER THE CHILD AND FAMILY SERVICES ACT AND IS SUBJECT TO S. 45 OF THE ACT WHICH PROVIDES: 45. (7) The court may make an order, (a) excluding a particular media representative from all or part of a hearing; (b) excluding all media representatives from all or a part of a hearing; or (c) prohibiting the publication of a report of the hearing or a specified part of the hearing, where the court is of the opinion that the presence of the media representative or representatives or the publication of the report, as the case may be, would cause emotional harm to a child who is a witness at or a participant in the hearing or is the subject of the proceeding. 45. (8) No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding, or the child’s parent or foster parent or a member of the child’s family. 45. (9) The court may make an order prohibiting the publication of information that has the effect of identifying a person charged with an offence under this Part. CITATION: V.R. v. Catholic Children's Aid Society of Toronto, 2008 ONCA 494 DATE: 20080620 DOCKET: C47440 COURT OF APPEAL FOR ONTARIO WINKLER C.J.O., FELDMAN J.A. and LAX J. (ad hoc) BETWEEN: V.R. Appellant and CATHOLIC CHILDREN’S AID SOCIETY OF TORONTO Respondent Morris A. Singer for the appellant Fatima Husain for the respondent Heard & released orally: June 18, 2008 On appeal from the order of Justice Nancy Backhouse of the Superior Court of Justice dated June 22, 2007. ENDORSEMENT [1] The appellant is the paternal grandmother of the two young children whose lives are in issue on this appeal. Following a nineteen-day trial, the family court judge concluded that it was in their best interest to make a Crown wardship order with no access to the purpose of adoption. He provided extensive reasons for his decision. [2] Madam Justice Backhouse dismissed an appeal from the decision finding no palpable and overriding error in the family court judge’s decision. Referring to it, she said at para. 6 of her reasons: …. He correctly applied the test of what is in the best interests of the child in considering the evidence he heard during the 19 day trial. I find that he correctly interpreted the facts, did not misapply the legal tests and considered the requisite factors in determining that the children should be made Crown wards. I find no error in the way he dealt with Dr. Amin’s evidence. He weighed the positives in the relationship between the Appellant and the children against the extensive evidence of domestic violence and criminal conduct which the Appellant had been unable to prevent from occurring in her home and found that it would not be in the children’s best interests to be in the Appellant’s care. [3] Despite Mr. Singer’s able submissions, we see no error in the decisions below nor does the fresh evidence undermine this conclusion. [4] The appeal is therefore dismissed. “W. Winkler C.J.O.” “K. Feldman J.A.” “J.L. Lax J. (ad hoc)