Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
33053
A.A. v. E.Y., et al.
(Ontario) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2009-05-26 | Close file on Leave | |
| 2009-05-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-05-26 | Judgment on leave sent to the parties | |
| 2009-05-21 |
Decision on motion to extend time to file and /or serve the leave application, The motion to adduce new evidence and the application for an extension of time to apply for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C48402, 2008 ONCA 695, dated October 8, 2008, are dismissed with costs to the respondent E.Y. In any event, had such application been granted, the application for leave to appeal from the said judgment would have been dismissed. Dismissed, with costs |
|
| 2009-05-21 |
Decision on motion to adduce new evidence, see related judgment Dismissed |
|
| 2009-04-15 | Order on motion to extend time, (BY THE DEPUTY REGISTRAR) | |
| 2009-04-15 |
Decision on motion to extend time, DeRg, UPON APPLICATION by the applicant for an order extending the time to serve its reply to April 7, 2009, and waiving the motion fee; THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2009-04-15 | Submission of motion to extend time, DeRg | |
| 2009-04-14 | All materials on application for leave submitted to the Judges, CJ Abe Ro | |
| 2009-04-14 | Submission of motion to adduce new evidence, CJ Abe Ro | |
| 2009-04-14 | Submission of motion to extend time to file and/ or serve the leave application, CJ Abe Ro | |
| 2009-04-07 | Motion to extend time, to serve the reply to April 7/09 - joint with a fee waiver request (by fax - original rec'd April 8/09), Completed on: 2009-04-08 | A.A. |
| 2009-04-07 | Order on motion to substitutional service | |
| 2009-04-07 |
Decision on motion for substitutional service, by leaving the response of the respondent, Children’s Aid Society of Toronto, in an envelope through A.A.’s front door mail slot, Reg Granted |
|
| 2009-04-03 | Applicant's reply to respondent's argument, (served by fax / late service by Xpress Post - motion requested and rec'd April 7/09 by fax), Completed on: 2009-04-07 | A.A. |
| 2009-04-02 | Submission of motion for substitutional service, Reg | |
| 2009-04-01 | Correspondence received from, A. Macri dated April 1/09 re: documents should not be made available to the public and confirming ban (by fax) | Children's Aid Society of Toronto |
| 2009-03-25 | Motion for substitutional service, to the applicant - response was left at the door after many attempts (no service on the applicant), Completed on: 2009-03-25 | Children's Aid Society of Toronto |
| 2009-03-25 | Respondent's response on the application for leave to appeal, (proof of delivery rec'd by fax March 31/09) (motion for substitutional service to the applicant rec'd March 25/09), Completed on: 2009-03-31 | Children's Aid Society of Toronto |
| 2009-03-19 | Respondent's response on the application for leave to appeal, (5 copies / one more copy requested - rec'd April 6/09) (service rec'd by fax March 20/09), Completed on: 2009-04-06 | E.Y. |
| 2009-03-13 | Correspondence received from, D. Dagago dated March 13/09 re: publication ban (by fax) | E.Y. |
| 2009-03-13 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2009-02-26 | Supplemental document, Exhibit book and Transcripts | A.A. |
| 2009-02-26 | Book of authorities | A.A. |
| 2009-02-26 | General proceeding, Fee waiver requested to the Registrar - approved by the Registrar March 13/09 | A.A. |
| 2009-02-26 | Motion to adduce new evidence, (included in leave application and memorandum of argument book), Completed on: 2009-02-26 | A.A. |
| 2009-02-26 | Motion to extend the time to file and or serve the application for leave to appeal, (book form) (included in leave application), Completed on: 2009-02-26 | A.A. |
| 2009-02-26 | Application for leave to appeal, (joint with extension of time) (Memorandum of argument filed separately book form) (C/A Order rec'd March 11/09) (fee waiver approved by the Registrar on March 13/09), Completed on: 2009-03-11 | A.A. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| A.A. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| E.Y. | Respondent | Active |
| Children's Aid Society of Toronto | Respondent | Active |
Counsel
Party: A.A.
This party is not represented by counsel.
Party: E.Y.
Counsel
505 Danforth Avenue, Suite 303
Toronto, Ontario
M4K 1P5
Telephone: (416) 245-9019
FAX: (416) 248-1072
Party: Children's Aid Society of Toronto
Counsel
30 Isabella Street
Toronto, Ontario
M4Y 1N1
Telephone: (416) 924-4646 Ext: 2568
FAX: (416) 324-2550
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Status of persons - Child protection - Child living with mother apprehended by Children’s Aid Society when mother hospitalized - Subsequent order for the child to be placed in the care and custody of the mother under an order of supervision by the Children’s Aid Society subject to terms and conditions - Father of child appealing order and requesting order for custody for himself - Whether lower courts erred in dismissing father’s appeal.
The Applicant and Respondent’s daughter was born on October 21, 2005. Shortly afterward, the Respondent mother left the matrimonial home with the daughter and went to live in a shelter, reporting incidents of domestic violence that she later recanted. In 2004, she had been diagnosed with depression and bipolar disorder. While living in a shelter with the daughter, in February of 2006, she experienced a psychotic breakdown and had to be hospitalized. This triggered the child’s apprehension by the Respondent, Children’s Aid Society of Toronto (the “Society”). On November 1, 2006, the child was placed back in her mother’s care and custody under a temporary supervision order with terms and conditions. One of those conditions was that she was required to live with another adult approved by the Society. All of the other conditions were met, but the approved person was unable to reside with the mother for a period of approximately six months in 2007. The Society took no steps to enforce that particular condition. The Applicant brought a motion to set aside the temporary order and also filed an appeal. By order of the court on April 26, 2007 these matters were resolved, the appeal withdrawn, and the matter held returned for trial on an expedited basis. The Applicant applied for custody of the daughter. The Respondent was in agreement with the Society’s application that the child be placed in her care and custody under a temporary order of supervision with terms and conditions.
Lower court rulings
Ontario Court of Justice
FO-06-10176-00
Final order placing child in the care and custody of Respondent mother subject to a six month supervision order with terms and conditions
Ontario Superior Court of Justice
06-FA-014453
Appeal by Applicant father dismissed
Court of Appeal for Ontario
C48402, 2008 ONCA 695
Appeal is dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available