What is the test for a status review?
Ontario, Canada
The following excerpt is from C.A.S. v. M.W. and M.S., 2020 ONSC 1847 (CanLII):
On a status review, the task of the court is to assess what, if anything, has changed since the making of the prior final order. A status review hearing is not a re-hearing of the original protection application. C.C.A.S. of Toronto v. M.(C.), 1994 CanLII 83 (SCC), 1994 CarswellOnt 376 (S.C.C.), [1994] S.C.J. No. 37 at paragraphs 35 – 37. Issues related to the original hearing are res judicata.
A consent order that ends an action is of the same effect as a judgment of a court following a trial or hearing, for the purpose of the doctrine of res judicata. C.A.S. of London and Middlesex v. B.(C.C.), [2007] CanLII 66699 at para. 48.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When determining a status review application, including the original finding of protection, is the original order being reviewed? (Ontario, Canada)
What is the standard of review for a judicial review of an administrative decision? (Ontario, Canada)
What weight does a person granted care and control subject to supervision have to throw around at a status review? (Ontario, Canada)
What is the standard of review for the purposes of determining whether a decision should be reviewed in a civil proceeding? (Ontario, Canada)
Can a reviewing court review a trial judge's disposition on costs? (Ontario, Canada)
In a status review hearing, what is the test for assuming that the original order is correct? (Ontario, Canada)
What is the standard of review in judicial review? (Ontario, Canada)
What is the standard of review for an Assessment Officer to be reviewed by the Court of Appeal? (Ontario, Canada)
Are aunt and uncle entitled to notice of a status review application? (Ontario, Canada)
What is the standard of review for a bail review? (Ontario, Canada)
