July 5, 2019.

Justice Sherr of the Ontario Court of Justice chastises Children’s Aid Society of Toronto for removing her children from her care under an out of court agreement without advising her of the right to have independent legal advice. In Children’s Aid Society of Toronto  v. Y.M. he writes that “…. Capitulation is not consent. This was capitulation. The mother should either have had the opportunity to obtain independent legal advice or the matter should have been brought before the court within five days so that there would have been court oversight of the matter.”

Children’s Aid Society of Toronto v. Y.M., 2019 ONCJ 489