Ontario, Canada
The following excerpt is from Catholic Children’s Aid Society of Toronto v. M.C., 2011 ONCJ 801 (CanLII):
[111] The best interests of a child are continuously evolving. See Catholic Children’s Aid Society of Metropolitan Toronto v. Cidalia M., supra. This means that different solutions may be required over time.
[112] The best interests of a child take priority over the desires and interests of the parent. See Young v. Young, [1993] 4 S.C.R. 3, 160 N.R. 1, 34 B.C.A.C. 161, 84 B.C.L.R. (2d) 1, 56 W.A.C. 161, [1993] 8 W.W.R. 513, 108 D.L.R. (4th) 193, 18 C.R.R. (2d) 41, 49 R.F.L. (3d) 117, [1993] R.D.F. 703, 1993 CanLII 34, [1993] S.C.J. No. 112, 1993 CarswellBC 264, at page 60 [S.C.R.]. The factors that must be taken into account when determining the best interests of a child are listed in subsection 37(3) of the Act.
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