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.
36669
A.Y., et al. v. Catholic Children's Aid Society of Toronto, 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) |
|---|---|---|
| 2016-01-04 | Close file on Leave | |
| 2015-12-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-12-29 | Judgment on leave sent to the parties | |
| 2015-12-24 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal and the motion to file a lengthy memorandum of argument are granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C59715, 2015 ONCA 493, dated July 3, 2015, is dismissed without costs. Dismissed, without costs |
|
| 2015-12-24 |
Decision on motion to file a lengthy memorandum of argument Granted |
|
| 2015-12-24 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2015-12-23 | Order on miscellaneous motion, (by the REGISTRAR) | |
| 2015-12-23 |
Decision on the miscellaneous motion, Reg, UPON APPLICATION by the applicants pursuant to Rule 32(2) of the Rules of the Supreme Court of Canada for an order requesting the following: 1. The disclosure of relevant and potentially decisive materials that are withheld by the respondent, the Catholic Children’s Aid Society of Toronto (CCAS); 2. Preventing the CCAS from interfering with any other third parties disclosures; and 3. Granting the applicants access to their entire file by attending the CCAS’ office as needed. AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2015-12-22 | Submission of miscellaneous motion, Reg | |
| 2015-12-21 | Response to miscellaneous motion, Completed on: 2015-12-21 | Office of the Children's Lawyer |
| 2015-12-17 | Response to miscellaneous motion, Completed on: 2015-12-17 | Catholic Children's Aid Society of Toronto |
| 2015-12-14 | Notice of miscellaneous motion, (Book Form), Request of relevant records and pursuant to r. 32(2), Completed on: 2015-12-14 | A.Y. |
| 2015-11-23 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2015-11-23 | Submission of motion to extend time to file and/ or serve the leave application, Abe Ka Br | |
| 2015-11-23 | Submission of motion to file a lengthy memorandum of argument, Abe Ka Br | |
| 2015-11-13 | Motion to file a lengthy memorandum of argument, Not applicable, Completed on: 2015-11-13 | A.Y. |
| 2015-11-13 | Certificate (on limitations to public access) | A.Y. |
| 2015-11-13 | Applicant's reply to respondent's argument, Completed on: 2015-11-13 | A.Y. |
| 2015-11-04 | Respondent's response on the application for leave to appeal, Completed on: 2015-11-04 | Catholic Children's Aid Society of Toronto |
| 2015-11-04 | Correspondence received from, Lynne Watt dated 2015-11-04 Re: Should be included as a respondent | Office of the Children's Lawyer |
| 2015-11-04 | Certificate (on limitations to public access) | Office of the Children's Lawyer |
| 2015-11-04 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-11-04 | Office of the Children's Lawyer |
| 2015-10-19 | Reply to the motion to file a lengthy memorandum of argument, (Included in the reply to the motion to extend time to file and/ or serve the leave application), Completed on: 2015-10-19 | A.Y. |
| 2015-10-19 | Reply to the motion to extend time to file and/ or serve the leave application, Completed on: 2015-10-19 | A.Y. |
| 2015-10-13 | Certificate (on limitations to public access) | Catholic Children's Aid Society of Toronto |
| 2015-10-13 | Notice of name | Catholic Children's Aid Society of Toronto |
| 2015-10-13 | Response to the motion to file a lengthy memorandum of argument, (Letter Form), (Included in the response to the motion to extend the time to file and / or serve the leave application), Completed on: 2015-10-13 | Catholic Children's Aid Society of Toronto |
| 2015-10-13 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2015-10-13 | Catholic Children's Aid Society of Toronto |
| 2015-10-06 | Letter advising parties of a complete application for leave to appeal, File opened on 2015-10-06 | |
| 2015-10-05 | Letter acknowledging receipt of an application for leave to appeal | |
| 2015-10-02 | Motion to file a lengthy memorandum of argument, Completed on: 2015-10-02 | A.Y. |
| 2015-10-02 | Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2015-10-02 | A.Y. |
| 2015-10-02 | Certificate (on limitations to public access) | A.Y. |
| 2015-10-02 | Book of authorities | A.Y. |
| 2015-10-02 | Application for leave to appeal, (4 volumes), Completed on: 2015-10-02 | A.Y. |
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.Y. | Applicant | Active |
| P.Y. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Catholic Children's Aid Society of Toronto | Respondent | Active |
| Office of the Children's Lawyer | Respondent | Active |
Counsel
Party: A.Y.
This party is not represented by counsel.
Party: P.Y.
This party is not represented by counsel.
Party: Catholic Children's Aid Society of Toronto
Counsel
Alex Duncan
26 Maitland Street
Toronto, Ontario
M4Y 1C6
Telephone: (416) 395-1861
FAX: (416) 395-1676
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Office of the Children's Lawyer
Counsel
393 University Avenue, 14th Floor
Toronto, Ontario
M5G 1W9
Telephone: (416) 314-8107
FAX: (416) 314-8050
Email: catherine.bellinger@ontario.ca
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.
(PUBLICATION BAN IN CASE) (PUBLICATION BAN ON PARTY) (COURT FILE CONTAINS INFORMATION THAT IS NOT AVAILABLE FOR INSPECTION BY THE PUBLIC)
Charter of Rights – Right to life, liberty and security of the person – Status of persons – Child protection – Applicants’ four children made wards of Crown with no access to parents in 2011 – Whether motion judge was wrong in granting summary judgment and making their four children Crown wards without access on the evidence, or lack thereof, before the court.
The applicants are parents of four children who were apprehended by the Catholic Children’s Aid Society of Toronto. The applicants have lived in Canada as permanent residents since 2008. The children are approximately 17, 14, 10 and 7 years of age. The Society became involved with the family in March, 2011 after the oldest child disclosed to a teacher that his father had hit him. At the time, the Society sought and obtained a six-month Society wardship order. Subsequently, the children were returned to the parents, subject to a supervision order with terms. On November 16, 2011, the Society learned that one of the children had run away from the family home and had disclosed on-going abuse of all of the children by the parents over a period of years. All of the children were apprehended. The Society sought to have the children made Crown wards with no access to the parents.
Lower court rulings
Ontario Superior Court of Justice
FS-13-19030, 2014 ONSC 6526
Applicants’ appeal dismissed.
Court of Appeal for Ontario
C59715, 2015 ONCA 493
Applicant’s appeal 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