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Case Study: Considerations when Adding a Party to a Child Protection Proceeding

In Children’s Aid Society of Toronto v C.K. et al the maternal grandmother and the paternal grandparents each brought a motion to be added as a party to a proceeding brought by the Children’s Aid Society to place the children with father for a further period of six months.

When deciding whether the maternal grandmother’s motion and/or the paternal grandparents’ motion should be granted the court considered the following criteria:

  • whether the addition of the party is in the best interests of the child;
  • whether the addition of the party will delay or prolong proceedings unduly;
  • whether the addition of the party is necessary to determine the issues; and
  • whether the additional party is capable of putting forward a plan that is in the best interests of the child

The court dismissed the maternal grandmother’s motion because it is not in the best interests of the children to add her as a party to the case. The maternal grandmother was focused on her own grievances. She demonstrated that she is a very angry person and the court believed that her addition as a party would only escalate conflict between the parties. Also, the court found that her addition would unduly delay the proceeding.

The maternal grandmother could be called by the mother as a witness to give evidence on the best interests of the children, and therefore it is not necessary to add her as a party for this purpose. Similarly, the court also dismissed the paternal grandparents’ motion. The paternal grandparents can present their plan of care and their evidence through the father. Their addition as a party is not necessary and would only unduly delay the case. It would also be unfair to the mother to have to submit to an additional lawyer’s cross-examination.

However, the court did find that the paternal grandparents are essential caregivers for the child and therefore are entitled to participate in the proceedings by virtue of subsection 39(3) of the Child and Family Services Act. Under this subsection the paternal grandparents are entitled to receive notice, to be present at the hearing, to be represented by a solicitor, and to make submissions to the court. Children’s Aid Society of Toronto v. C.K., 2013 ONCJ 342 (Sherr J.).