The Children's Aid Society of the City of St. Thomas v. R., G.M.
The appeal is dismissed because the changes cited were not sufficiently substantial to displace the trial judge's finding, and Dr. Blake's conclusion that a permanent wardship with no access serves the child's best interests and the need to preserve the child's stable foster placement must prevail.
Source-derived case information.
- Citation
- C44061
- Parties
- Respondent: The Children's Aid Society of the City of St. Thomas and the County of Elgin; Appellant: G.M.R.; Appellant: B.H.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 17 January 2006
- Procedural Posture
- Family (child Protection) / Appeal Court of Appeal Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Permanent Wardship, Access (visitation), Best Interests of the Child, Change of Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Children's Aid Society of the City of St. Thomas and the County of Elgin
Respondent
G.M.R.
Appellant
B.H.
Appellant
Procedural Posture
Family (child Protection) / Appeal Court of Appeal Decision
Legal Issues
- 1 Whether changes in circumstances since the original decision justify ordering a new hearing
- 2 Whether the child's best interests require maintaining a permanent wardship with no access
- 3 Whether upsetting a stable foster placement is appropriate given the child's welfare
Ratio Decidendi
The appeal is dismissed because the changes cited were not sufficiently substantial to displace the trial judge's finding, and Dr. Blake's conclusion that a permanent wardship with no access serves the child's best interests and the need to preserve the child's stable foster placement must prevail.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- No new hearing ordered
Full Case Text
Judgment text and source record
1 paragraphs
The Children's Aid Society of the City of St. Thomas v. R., G.M. Collection Decisions of the Court of Appeal Date 2006-01-17 Docket numbers C44061 Judges Weiler, Karen Merle Magnuson; Laskin, John Ivan; Rosenberg, Marc Subject Family Decision Content DATE: 20060113 DOCKET: C44061 COURT OF APPEAL FOR ONTARIO RE: THE CHILDREN’S AID SOCIETY OF THE CITY OF ST. THOMAS AND THE COUNTY OF ELGIN (Respondent) -and- G.M.R. and B.H. (Appellant) BEFORE: WEILER, LASKIN AND ROSENBERG JJ.A. COUNSEL: M.L. Riddell for the appellant Kathleen Chapman for the respondent HEARD & ENDORSED: January 13, 2006 On appeal from the judgment of J.N. Morissette J. of the Superior Court of Justice, dated July 21, 2005 made at London, Ontario. APPEAL BOOK ENDORSEMENT [1] We are of the view that the evidence amply supported the findings of the trial judge, and of Morissette J. on appeal. [2] What we take to be the essence of the appellant’s argument is that the circumstances affecting the child have changed so substantially since the original decision we should now order a new hearing. [3] We do not accept that argument. Although the death of the younger child and the original foster mother just after the trial judgment, and the appellant’s continuing efforts to improve her parenting abilities are changes, they do not alter the fundamental conclusion of Dr. Blake that E.’s best interests are served by a permanent wardship with no access. [4] We do recognize and commend the appellant for her efforts, and hope that she continues to improve with the help of professionals. But for the past three years, E. has been in a stable and loving relationship with a foster parent who on the evidence has well supported her. [5] To now upset that arrangement and the stability in E.’s life would not be in her best interests. The appeal is therefore dismissed.