Case information
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36976
E.U., et al. v. 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) |
|---|---|---|
| 2016-07-20 | Close file on Leave | |
| 2016-07-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-07-15 | Judgment on leave sent to the parties | |
| 2016-07-14 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C61082, 2016 ONCA 146, dated February 24, 2016, is dismissed with no order as to costs. Dismissed, no order as to costs |
|
| 2016-06-13 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-05-25 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-05-25) | Children's Aid Society of Toronto |
| 2016-05-25 | Notice of name, (Letter Form), (Electronic version filed on 2016-05-25) | Children's Aid Society of Toronto |
| 2016-05-25 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-05-27, (Electronic version filed on 2016-05-25) | Children's Aid Society of Toronto |
| 2016-05-20 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-05-20) | Office of the Children's Lawyer |
| 2016-05-20 | Respondent's response on the application for leave to appeal, (Book Form), service missing, Completed on: 2016-05-30, (Electronic version filed on 2016-05-20) | Office of the Children's Lawyer |
| 2016-04-26 | Letter acknowledging receipt of a complete application for leave to appeal, (File open) | |
| 2016-04-22 | Certificate (on limitations to public access), (Letter Form), (Amended Form 23A rec'd 2016-04-27), (Electronic version filed on 2016-04-27) | E.U. |
| 2016-04-22 | Book of authorities, (Book Form) | E.U. |
| 2016-04-22 | Application for leave to appeal, (Book Form), Completed on: 2016-04-29, (Electronic version filed on 2016-04-27) | E.U. |
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 |
|---|---|---|
| E.U. | Applicant | Active |
| L.T. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Children's Aid Society of Toronto | Respondent | Active |
| Office of the Children's Lawyer | Respondent | Active |
Counsel
Party: E.U.
Counsel
302 - 1111 Finch Avenue West
Toronto, Ontario
M3J 2E5
Telephone: (416) 739-8383
FAX: (416) 739-8853
Email: adetayoakinyemi@msn.com
Party: L.T.
Counsel
302 - 1111 Finch Avenue West
Toronto, Ontario
M3J 2E5
Telephone: (416) 739-8383
FAX: (416) 739-8853
Email: adetayoakinyemi@msn.com
Party: Children's Aid Society of Toronto
Counsel
Mae-Tuin Seto
30 Isabella Street
Toronto, Ontario
M4Y 1N1
Telephone: (416) 924-4646
FAX: (416) 324-2550
Party: Office of the Children's Lawyer
Counsel
Herschel Gold
393 University Avenue, 14th Floor
Toronto, Ontario
M5G 1W9
Telephone: (416) 314-8107
FAX: (416) 314-8050
Email: catherine.bellinger@ontario.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
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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 – Fundamental justice – Status of persons – Child protection – Parents’ appeal from Crown wardship order dismissed for delay – Whether s. 7 of Charter imposes affirmative obligation on courts to safeguard interests of minority immigrant parents in child protection proceedings – What is appropriate interpretation and application of Rules 2(2), (3) and (4) of the Family Law Rules O. Reg. 439/07 and ss. 1(1) and (2) of Child and Family Services Act, R.S.O. 1990, c. C.11 where parents are minorities, self-represented and hampered by financial difficulties – Whether Court of Appeal erred by failing to provide reasons for dismissing applicants’ appeal.
The applicants are the parents of the child who was apprehended by the Children’s Aid Society in July 2012. The child was placed with a family and has lived with these caregivers since that time. They wish to adopt her. After a ten-day trial in which the parents were separately represented, the child was found to be in need of protection and was made a Crown ward. The parents were given no right of access. The parents filed a Notice of Appeal. Several status hearings ensued between November, 2014 and August, 2015, most of which were adjourned at the parents’ request. Their appeal remained unperfected. The Children’s Aid Society indicated that it intended to bring a motion to dismiss the appeal for delay. That motion was heard on August 27, 2015 where the parents requested an adjournment. The appeal on the merits was scheduled to be heard three weeks later. The transcripts, factum and appeal record had not been filed.
Lower court rulings
Ontario Superior Court of Justice
Applicants’ appeal of Crown wardship order dismissed for delay
Court of Appeal for Ontario
C61082, 2016 ONCA 146
Applicants’ appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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.
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Related links
Factums on appeal
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
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