What is the test for determining whether a genuine issue exists under the Child Protection Act?
Ontario, Canada
The following excerpt is from Children and Family Services for York Region v. J.V., 2017 ONSC 4770 (CanLII):
In determining whether a genuine issue exists, the court must consider the strict guidelines governing the child protection procedure under the Act and also the best interest of the child. In arriving at such a decision, the court must give paramount consideration to the best interests test which would include, among other factors, as certain a future as possible (see Children’s Aid Society of Algoma v. L.P. [2002[OJ No. 2895 (ONT SCJ).
No genuine issue for trial exists where there is no realistic possibility of an outcome other than that as sought by the Applicant (see Children’s Aid Society of the County of Simcoe v. C.S., [2001] OJ No. 4915 (ONT SCJ).
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