Does the Superior Court of Justice have jurisdiction to intervene to override private contracts?

Ontario, Canada


The following excerpt is from E. (E.) v. F.(F.) and G.(G.), 2007 ONCJ 456 (CanLII):

[19] The mother’s counsel argued that, although the superior court of a province has a parens patriae jurisdiction and can therefore intervene to override private contracts, this court has no such inherent jurisdiction and is therefore unable to act, even where intervention would otherwise be required in the child’s best interests. With respect, I do not see in the decision in Lenney v. Lenney any such restriction on the court’s ability to intervene, where it is otherwise necessary to do so, in order to further the best interests of the child. Simply put, I conclude that this court does have jurisdiction to act where the best interests of the child so require.

Other Questions


Does the Court of Appeal have jurisdiction to order a transfer of a cause into this court from another court? (Ontario, Canada)
In what circumstances will the Court of Appeal in the Superior Court of Justice order that a father be denied custody of his infant son? (Ontario, Canada)
What is the test for appeal against a judgment by the Court of Appeal in the Superior Court of Justice granting custody to a mother and her two-year-old daughter? (Ontario, Canada)
What is the test for interpretation of a commercial contract where the contract states that the contract is not a "contract with respect to the context or factual matrix"? (Ontario, Canada)
Does this court have jurisdiction to issue a stay of a deportation order pursuant to section 134(2) of the Courts of Justice Act? (Ontario, Canada)
Can the court exercise parens patriae jurisdiction in circumstances where the legislation does not contain a provision in which the courts have jurisdiction? (Ontario, Canada)
What are the costs of the Applicant and Respondent in the Superior Court of Justice case of Moledina? (Ontario, Canada)
Is there any difference in jurisdiction between a provincial court and a federal court? (Ontario, Canada)
What is the test for fair and reasonable costs in the Superior Court of Justice? (Ontario, Canada)
Is a tape recording of testimony before a superior court of criminal jurisdiction a protected record? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.