L.H. v. Catholic Children's Aid Society of Toronto
Because the Court concluded that it was in the best interests of the children, the appeal was allowed in part and the status review was ordered to proceed by way of a new, expedited trial before a judge other than Justice Zuker, with the status quo maintained pending that trial.
Source-derived case information.
- Citation
- 2009 ONCA 629
- Parties
- Appellant: L.H.; Respondent: Catholic Children's Aid Society of Toronto; Respondent: M.H.; Respondent: Office of the Children's Lawyer
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 31 August 2009
- Procedural Posture
- Child and Family Services Act Appeal / Court of Appeal Judgment on Appeal From the Superior Court; Remitted for Status Review by Way of New Trial
- Outcome
- Appeal allowed in part; matter remitted for a new, expedited status review trial before a judge other than Justice Zuker; status quo maintained pending the trial.
- Legal Topics
- Status Review, New Trial, Best Interests of the Child, Judicial Assignment, Publication Restrictions (s.45)
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L.H.
Appellant
Catholic Children's Aid Society of Toronto
Respondent
M.H.
Respondent
Office of the Children's Lawyer
Respondent
Procedural Posture
Child and Family Services Act Appeal / Court of Appeal Judgment on Appeal From the Superior Court; Remitted for Status Review by Way of New Trial
Legal Issues
- 1 Whether the appeal should be allowed and the status review proceed by way of a new trial
- 2 Whether the status review should be expedited and heard by a judge other than Justice Zuker
- 3 Whether the status quo should be maintained pending the new trial
Ratio Decidendi
Because the Court concluded that it was in the best interests of the children, the appeal was allowed in part and the status review was ordered to proceed by way of a new, expedited trial before a judge other than Justice Zuker, with the status quo maintained pending that trial.
Court Disposition
Appeal allowed in part; matter remitted for a new, expedited status review trial before a judge other than Justice Zuker; status quo maintained pending the trial.
Orders
- Allow appeal to the limited extent set out in the endorsement.
- Order that the status review proceed by way of a new trial, to be expedited and to be before a judge other than Justice Zuker.
Full Case Text
Judgment text and source record
1 paragraphs
L.H. v. Catholic Children's Aid Society of Toronto Collection Decisions of the Court of Appeal Date 2009-08-31 Neutral citation 2009 ONCA 629 Docket numbers C50098 Judges Goudge, Stephen Thomas; Armstrong, Robert Patrick; Blair, Robert Ashley 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: L.H. v. Catholic Children's Aid Society of Toronto, 2009 ONCA 629 DATE: 20090827 DOCKET: C50098 COURT OF APPEAL FOR ONTARIO Goudge, Armstrong and Blair JJ.A. In the Matter of the Child and Family Services Act, R.S.O., 1990, c. C11, as amended And in the Matter of : J.N.H., born December 15, 1998, and F.M.H., born July 18, 2001. BETWEEN: L.H. Appellant (Appellant in the Superior Court of Justice for Ontario) (Respondent in the Ontario Court of Justice) and Catholic Children’s Aid Society of Toronto Respondent (Respondent in the Superior Court of Justice for Ontario) (Applicant in the Ontario Court of Justice) and M.H. Respondent (Respondent in the Superior Court of Justice for Ontario) (Respondent in the Ontario Court of Justice) L.H., in person (self-represented appellant) Chris Andrikakis, for the respondent CAS M.H., in person (self-represented respondent) Carolyn Leach and Sara Wunch, for the respondents Office of the Children’s Lawyer Heard: August 21, 2009 On appeal from the order of Justice Victor Paisley of the Superior Court of Justice dated January 14, 2009. APPEAL BOOK ENDORSEMENT [1] Having heard argument and the submissions of counsel for the respondents that the status review hearing now under way will result in a new trial in the Ontario Provincial Court at which Ms. H. will be able to call the evidence she seeks to put before us, in our view, it is in the best interests of the children that the status review hearing proceed by way of a new trial that it be expedited and that it be before a judge other than Justice Zuker. The status quo is to remain in the meantime. We would therefore allow the appeal to this limited extent and so order.