What is the test for changing a final protection order on a temporary basis?

Ontario, Canada


The following excerpt is from Catholic Children’s Aid Society of Toronto v. C.P.I., 2020 ONCJ 304 (CanLII):

[54] In Children’s Aid Society of Algoma v. C.P., 2013 ONCJ 740, the court wrote that there must be a comparison of the current situation to the situation at the time of the original order when changing a final protection order on a temporary basis during a status review application. The change does not necessarily have to be material but there needs to be a change in circumstances based on the best interests of the child. The status quo is represented by the existing order. The person who wants to change that order has the onus of demonstrating not only that some change in circumstances has taken place, but also: (a) that this change in circumstances renders the existing order no longer in the best interests of the child(ren); and (b) that the new order sought now represents what is in the best interests of the child(ren).

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