What is the test for making an order under the Child Protection Act?
Ontario, Canada
The following excerpt is from Children's Aid Society of the Regional Muncipality of Waterloo v. C. M., 2003 CanLII 2411 (ON SC):
The trial judge came squarely to grips with these principles, as they were set out in Catholic CAS of Metropolitan Toronto v. V.(C.M.) 1994 CanLII 83 (SCC), [1994] 2 S.C.R. 165, on pages 25 through 27 of his reasons, and found both that the children continued in need of protection and that to make the order was in the children’s best interests based on a consideration of the factors set out in s. 37(3) of the Act.
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