April 18, 2019.
In a major win for families, the Ontario Court of Appeal directs courts to take a highly cautionary approach to the use of summary judgment motions in child protection cases, especially in light of the vulnerability of parties, the significant power imbalance between the parties and the seriousness of the outcomes for families and the need to protect their Charter rights.
The Court of Appeal agrees with the OACPL submissions, that courts ought to give weight to evidence presented at a summary judgment motion that would be inadmissible at trial. It also confirms that the new best interest analysis for access to children in extended society care shifts the burden away from parents to prove that this access must be beneficial and meaningful.
For more information, visit http://www.ontariocourts.ca/decisions/2019/2019ONCA0316.htm