Children's Aid Society of Toronto v. D.M.
The appeal was dismissed because the appellants failed to establish any basis to set aside the order of Pepall J.; the appeal was decided under s.45 of the Child and Family Services Act including subsection (8).
Source-derived case information.
- Citation
- C42184
- Parties
- Respondent: Children's Aid Society of Toronto; Appellant: D.M.; Appellant: L.M.; Child: the child
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 April 2005
- Procedural Posture
- Family Child Protection Appeal / Appeal to Court of Appeal Under S.45 Child and Family Services Act
- Outcome
- Appeal dismissed; order of Pepall J. upheld.
- Legal Topics
- Appeal, Child and Family Services Act S.45, Standard for Setting Aside Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Children's Aid Society of Toronto
Respondent
D.M.
Appellant
L.M.
Appellant
the child
Child
Procedural Posture
Family Child Protection Appeal / Appeal to Court of Appeal Under S.45 Child and Family Services Act
Legal Issues
- 1 Whether the appellants advanced any basis to set aside the order of Pepall J.
- 2 Whether s.45(8) of the Child and Family Services Act applied and governed the appeal
Ratio Decidendi
The appeal was dismissed because the appellants failed to establish any basis to set aside the order of Pepall J.; the appeal was decided under s.45 of the Child and Family Services Act including subsection (8).
Court Disposition
Appeal dismissed; order of Pepall J. upheld.
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
Children's Aid Society of Toronto v. D.M. Collection Decisions of the Court of Appeal Date 2005-04-15 Docket numbers C42184 Judges Feldman, Kathryn N.; Cronk, Eleanore Ann; Juriansz, Russell G. Subject Family Decision Content DATE: 20050415 DOCKET: C42184 COURT OF APPEAL FOR ONTARIO RE: CHILDREN’S AID SOCIETY OF TORONTO (Respondent) – and – D.M. (Appellant) – and L.M. (Appellants) BEFORE: FELDMAN, CRONK and JURIANSZ JJ.A. COUNSEL: Richard H. Parker for the appellant Anthony Macri and for the respondent D. John Hamilton for the child HEARD & ENDORSED: April 14, 2005 On appeal from the judgment of Justice Sarah E. Pepall of the Superior Court of Justice dated June 22, 2004. APPEAL BOOK ENDORSEMENT [1] The appellants have advanced no basis to set aside the order of Pepall J. The appeal is dismissed. [2] This appeal was heard applying s. 45 of the Child and Family Services Act including subsection (8) which was read in court.