Is there any error in law to import considerations of openness into the legal test for access to a child?
Ontario, Canada
The following excerpt is from Children's Aid Society of Toronto v. K.S., 2015 ONCJ 635 (CanLII):
[72] Justice Horkins S.C.J. in Children’s Aid Society of Toronto v. A.G, supra, found that it was an error in law to import considerations of openness into the legal test for access, specifically into the first prong of the test relating to whether there is a relationship that is meaningful and beneficial to the child. In her decision she reaffirmed that the 2011 amendments have not altered the two step test or changed who bears the onus of proof.
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