What is the scope of the "wide focus" of the best interests test?

Ontario, Canada


The following excerpt is from Catholic Children’s Aid Society of Toronto v. M.C., 2011 ONCJ 801 (CanLII):

[110] The best interests test has a “wide focus.” This means that the “entirety of the situation” must be examined in order to determine a child’s best interests. See Catholic Children’s Aid Society of Metropolitan Toronto v. Cidalia M., supra.

[111] The best interests of a child are continuously evolving. See Catholic Children’s Aid Society of Metropolitan Toronto v. Cidalia M., supra. This means that different solutions may be required over time.

[112] The best interests of a child take priority over the desires and interests of the parent. See Young v. Young, [1993] 4 S.C.R. 3, 160 N.R. 1, 34 B.C.A.C. 161, 84 B.C.L.R. (2d) 1, 56 W.A.C. 161, [1993] 8 W.W.R. 513, 108 D.L.R. (4th) 193, 18 C.R.R. (2d) 41, 49 R.F.L. (3d) 117, [1993] R.D.F. 703, 1993 CanLII 34, [1993] S.C.J. No. 112, 1993 Cars­well­BC 264, at page 60 [S.C.R.]. The factors that must be taken into account when determining the best interests of a child are listed in subsection 37(3) of the Act.

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