CHILD PROTECTION - Children’s aid societies - Civil actions and liabilities - Limitation periods

Law360 Canada (May 3, 2023, 6:20 AM EDT) -- Appeal by Jonathan Land and Stephanie Henry from a summary judgment dismissing their action against the respondents. They argued that the motion judge erred in finding that their claims against the local children’s aid society (Society) defendants were statute-barred and erred in finding the Society worker was lawfully entitled to enter the appellants’ home without a warrant, and to request police assistance in so doing. Police Officers went to the appellants’ home after receiving information that one of the appellants appeared to be under the influence of alcohol when she picked up their seven-year-old daughter from school. They were not permitted to enter the home. The officers contacted the Society. Gardner, the Society worker, explained why she was present and why she needed to conduct a welfare check, and was allowed to enter the home. Gardner deposed she requested that the police officers enter the home with her because she had concerns for her safety and the safety of the child. In their action, the appellants claimed Gardner and the police officers’ entry into their home was unlawful. They claimed damages against the Society and its employees and against the Dryden Police Services Board and its employees. The respondents filed affidavits on the summary judgment motion. The motion judge concluded there was no genuine issue requiring a trial and dismissed the action against all the respondents....
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