What is the test for granting leave to a foster parent under the Child Support Order?

Ontario, Canada


The following excerpt is from Children’s Aid Society of Ottawa v. L.F., 2017 ONSC 5971 (CanLII):

In Catholic Children’s Aid Society of Metropolitan Toronto v. F. (B.A.), 1998 CanLII 1432, Justice Bean defines “usual circumstances” as being unexpected changes that are not simply a matter of the passage of time. He notes the following: 21 I find that there are no unusual circumstances, as I would characterize them. There have certainly been some changes in the circumstances of virtually all of the parties since the making of the order. Many of those are simply a matter of passing of time-people get older, relationships change, people mature, et cetera. In my opinion, that is not sufficient to constitute “unusual” circumstances. It may constitute a material change in circumstances but, in my opinion, that is not the test for granting leave. The test ought to be: are there some “unusual” circumstances beyond those circumstances that would normally change in the lives of every child, every foster parent and every natural parent, that justify the granting of leave at any time, notwithstanding the two-year limitation.

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