What is the legal test for finding the necessity stage satisfied in a child protection application?
Ontario, Canada
The following excerpt is from Children’s Aid Society of Oxford County v. E.M.T., 2018 ONCJ 918 (CanLII):
[23] In Children’s Aid Society of Algoma v. L.H., [2002] O.J. No. 5118, the court did not find the necessity stage satisfied, writing at paragraph 30: Fear, or disinclination, or reluctance, even discomfort do not constitute necessity.
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