Canadian Lawyer

February 2019

The most widely read magazine for Canadian lawyers

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48 F E B R U A R Y 2 0 1 9 w w w . c a n a d i a n l a w y e r m a g . c o m Turpel-Lafond points out, too, that chil- dren are too young to have a voice in the public sphere. "Two-year-olds don't write to their legislature and hold a march," she says, yet they are "the most vulnerable citizens." The absence of a national children's com- missioner has been a repeated concern, she adds. Summary judgment Summary judgment in child protection cases has become more widely used in Ontario than in other jurisdictions, and last year the Ontario Association of Child Protection Lawyers was formed to intervene in an appeal of a case, Kawartha- Haliburton Children's Aid Society v. M.W., in which the respondent appealed from an order granting summary judg- ment in a child protection hearing to determine whether her six children should be made Crown wards. "The use of summary judg- ment motions has increased exponentially over the years," says David Sandor, founder and president of the OACPL. Although summary judg- ment is more expeditious and therefore less costly to the court system, "the only opportunity that parents have to challenge the [Chil- dren's Aid] Society's evidence is at the cross-examination stage," Sandor says. When a summary judg- ment motion is made, "parents can't challenge evidence in the same way, or truly assess demeanour," which places them at a disadvantage when their children may be at risk of being apprehended. L E G A L R E P O R T "Very likely the lengthy hearings harm the children who need placement, and it's costly for the CAS, Legal Aid and the courts. So, a move to summary judgment is appropriate." Nicholas Bala, Queen's University Faculty of Law © 2018 Thomson Reuters Canada Limited 00255HJ-94644-NK Your portable source for fully annotated municipal legislation Print + ProView eBook Order # L7798-8511BE-65203 $167 Softcover + eBook approx. 1300 pages December 2018 978-0-7798-8511-4 Annual volumes supplied on standing order subscription Multiple copy discounts available ProView eBook Order #A00406-19ON-65203 $139 Print only Order #L7798-8511-65203 $139 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. For many years, Ontario municipalities, municipal officers, and lawyers have relied on annual editions of Ontario Municipal Law: A User's Manual for answers to complex issues. In this edition, leading authorities George Rust-D'Eye, Ophir Bar-Moshe, and Andrew James offer a current, comprehensive, and easy-to-use source of municipal law and practice. Features of the 2019 edition include: • The key municipal statutes, fully annotated with case law and applicable regulations: – Municipal Act, 2001, S.O. 2001, c. 25 – Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50 – Municipal Elections Act, 1996, S.O. 1996, c. 32 – Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 • Legislation is current to September 8, 2018 (Ontario Gazette 151:36) • Includes Bill 31, Efficient Local Government Act, 2018 • 32 practical statutory checklists clarifying the legislative requirements New Edition Ontario Municipal Law: A User's Manual 2019 George Rust–D'Eye, Ophir Bar-Moshe, and Andrew James Available risk-free for 30 days Online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Now also available as an eBook on Thomson Reuters ProView® For a detailed Table of Contents, please visit store.thomsonreuters.ca/OML-2019 For more information about ProView, visit store.thomsonreuters.ca/proview Find a complimentary training session at cpdcentre.ca

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