Post by litigator on Mar 19, 2007 7:39:02 GMT -5
It is not very often that a parent is successful in a CAS court battle. I thought I would post this decision as the father did very well for himself and the Children's Aid Society was ordered to pay his costs.
Children's Aid Society of Renfrew County v. G.(R.) (No. 2), 2005 ONCJ 471 (CanLII)
When boy (then 4½ years old) made allegations of sexual impropriety against his father, local police investigated but decided not to lay charges, probably because case was too weak to support prospect of conviction — Nevertheless, local children’s aid society began its own investigation and father’s access to child was thereafter was strictly supervised — Society’s lawyer suspected that mother had fabricated and had carefully coached child in repeating allegations — Ten months later, after tightly supervised visit at paternal grandparent’s home, child made fresh allegation that police again investigated and again decided not to lay charges — Society, however, chose not to conduct investigation into second incident despite availability of several persons who could have indicated impossibility of child’s allegation and decided to pursue child protection hearing — Less than two weeks before trial, father made reasonable offer to settle that was supported by Office of Children’s Lawyer but that society rejected — Court found that, at all times, society acted in good faith and that, until second allegation, society had conducted itself appropriately and professionally — Nevertheless, because of different standards of proof in criminal and civil proceedings, society should have embarked upon its own investigation after police found no basis for criminal intervention with respect to second allegation — Court concluded that, if society had done so, it would realized that there was insufficient evidence to persuade child protection court on balance of probabilities that another act of sexual impropriety had occurred and it could then have pursued other options to resolve case — Child protection trial could have been entirely avoided if society had accepted father’s offer that turned out to be consistent with ultimate decision made in trial of this case — For its failure to investigate and to re-assess case, society had to be accountable in costs for needless trial
Children's Aid Society of Renfrew County v. G.(R.) (No. 2), 2005 ONCJ 471 (CanLII)
When boy (then 4½ years old) made allegations of sexual impropriety against his father, local police investigated but decided not to lay charges, probably because case was too weak to support prospect of conviction — Nevertheless, local children’s aid society began its own investigation and father’s access to child was thereafter was strictly supervised — Society’s lawyer suspected that mother had fabricated and had carefully coached child in repeating allegations — Ten months later, after tightly supervised visit at paternal grandparent’s home, child made fresh allegation that police again investigated and again decided not to lay charges — Society, however, chose not to conduct investigation into second incident despite availability of several persons who could have indicated impossibility of child’s allegation and decided to pursue child protection hearing — Less than two weeks before trial, father made reasonable offer to settle that was supported by Office of Children’s Lawyer but that society rejected — Court found that, at all times, society acted in good faith and that, until second allegation, society had conducted itself appropriately and professionally — Nevertheless, because of different standards of proof in criminal and civil proceedings, society should have embarked upon its own investigation after police found no basis for criminal intervention with respect to second allegation — Court concluded that, if society had done so, it would realized that there was insufficient evidence to persuade child protection court on balance of probabilities that another act of sexual impropriety had occurred and it could then have pursued other options to resolve case — Child protection trial could have been entirely avoided if society had accepted father’s offer that turned out to be consistent with ultimate decision made in trial of this case — For its failure to investigate and to re-assess case, society had to be accountable in costs for needless trial