CHILD PROTECTION - Practice and procedure - Courts - Jurisdiction - Statutory authority - Appeals and judicial review

Law360 Canada ( December 20, 2017, 8:39 AM EST) -- Appeal by the Waterloo Children's Aid Society, cross-appeal by the parents, and cross-appeal by trial counsel from a Superior Court appellate ruling. The Society had longstanding concerns regarding the parents' drug use and mental health issues. Following a 17-day Ontario Court of Justice trial, the child, age ten, was found in need of protection and made a Crown ward with no access. The parents appealed the termination of access to the Ontario Superior Court of Justice. The appellate judge found that the trial judge did not err in analyzing the issue of access, but found that a miscarriage of justice occurred based on trial counsel's incompetence. The appellate judge apologized to the parents and granted them access to the child. Trial counsel was made personally responsible for costs. The Children's Aid Society, supported by the Children's Lawyer, appealed the access order. Trial counsel cross-appealed the incompetence finding and costs award. The parents cross-appealed and sought declaratory relief....
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