In determining the best interests of the child, what is the test for assessing the risk to the child of apprehension?

Ontario, Canada


The following excerpt is from Children’s Aid Society of Toronto v. V.L., 2009 ONCJ 766 (CanLII):

[272] In determining the best interests of the child, the court must assess the degree to which the risk concerns that existed at the time of the apprehension still exist today. They must be examined from the child’s perspective. See Catholic Children’s Aid Society of Metropolitan Toronto v. Cidalia M., supra.

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