Case information
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42142
R.E. v. Catholic Children’s Aid Society of Toronto, et al.
(Ontario) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2026-04-17 | Letter acknowledging receipt of an incomplete motion for reconsideration | |
| 2026-04-10 |
Motion for reconsideration of the application for leave to appeal, (Book Form), PUB BAN MISSING: PUB BAN - Affidavit - Proof of service, Incomplete |
R.E. |
| 2026-03-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-03-26 | Judgment on leave sent to the parties | |
| 2026-03-26 |
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 is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-24-CV-0929, 2025 ONCA 623, dated September 11, 2025, is dismissed. Dismissed |
|
| 2026-03-26 |
Decision on motion to extend time to file and /or serve the leave application, see judgment on application Granted |
|
| 2026-02-16 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-02-16 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2026-01-06 |
Certificate (on limitations to public access), (Letter Form), Missing Signature Proof of Service |
R.E. |
| 2025-12-19 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-12-11 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Missing Proof of Service (Rec'd 2026-01-27), Completed on: 2026-01-28 |
R.E. |
| 2025-12-11 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-12-30) | R.E. |
| 2025-12-09 |
Application for leave to appeal, (Book Form), Missing Amended Notice (Rec'd 2025-12-11) 23B certificate (Rec'd 2026-01-06) Motion for Extension of time (Rec'd 2025-12-11) Proof of Service R.20(8)(d) (Completed 2026-01-27), Completed on: 2026-01-28, (Printed version filed on 2025-12-30) |
R.E. |
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 |
|---|---|---|
| R.E. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Catholic Children’s Aid Society of Toronto | Respondent | Active |
| S.B. | Respondent | Active |
Counsel
Party: R.E.
This party is not represented by counsel.
Party: Catholic Children’s Aid Society of Toronto
Counsel
26 Maitland Street
Toronto, Ontario
M4Y 1C6
Telephone: (416) 395-1556
FAX: (416) 395-1676
Email: f.husain@torontoccas.org
Party: S.B.
This party is not represented by counsel.
Summary
Keywords
Family law — Child protection — Charter of rights — Whether the Court of Appeal failed to address the heightened procedural fairness standards required for persons with disabilities in child protection proceedings, resulting in a violation of the applicant’s right to life, liberty and security of the person — Whether there was a systematic failure to provide disability accommodations throughout the proceedings which constituted discrimination against the applicant contrary to the equality rights guaranteed by the Canadian Charter of Rights and Freedoms.
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)
The applicant is the mother of a five-year-old child. The child was first taken into care by the Catholic Children’s Aid Society of Toronto in January 2021. In April 2023, the trial judge granted the Society’s application for an extended society care order, the effect of which was that the Society could arrange for the child’s adoption. The trial judge granted the applicant access to the child at least once per month and also ordered that the child was to be the access holder and the applicant the recipient of the access. The applicant appealed the trial judge’s order to the Superior Court. The first appeal judge upheld the extended society care order and the order granting the applicant access. However, the first appeal judge found that the trial judge erred in making the applicant an access recipient rather than an access holder. The applicant appealed the decision and sought to introduce fresh evidence regarding her current circumstances. The Court of Appeal admitted the fresh evidence but dismissed the appeal.
Lower court rulings
Child placed in extended society care; Applicant to have access a minimum of once per month; Child is access holder and recipient of access and the applicant is the recipient of access
Ontario Superior Court of Justice
FS-23-00036593-0000, FS-23-36593
Appeal allowed in part; Child and applicant are holders and recipients of access
Motion for fresh evidence granted; 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