Is the maternal grandmother a party to subrule 7 (5) of the Rules?
Ontario, Canada
The following excerpt is from Children’s Aid Society of Toronto v. D.E., 2016 ONCJ 390 (CanLII):
[25] The court disagrees with this submission. While the maternal grandmother has assisted in the care of the children she has never had control of them. The parents, not the maternal grandmother, had the exclusive legal right to make decisions about the children, including their medical care, religion and education. They are the persons who had care and control of the children. See: Children’s Aid of Toronto v. C.K., supra. Part Five – Should the maternal grandmother be added as a party under subrule 7 (5) of the rules?
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