“The Society has the onus to prove on a balance of probabilities that the child is in need of protection: see Children’s Aid Society of Toronto v. R.M., 2019 ONSC 2251, 24 R.F.L. (8th) 384, at para. 19. If the court finds that the child is not in need of protection, then that is the end of the Society’s protection application: see Catholic Children’s Aid Society of Toronto v. N.N., 2019 ONCJ 8, at para. 116.
Subsection 74(2)(b) of the Act provides as follows:
74(2) A child is in need of protection where,
…
(b) there is a risk that the child is likely to suffer physical harm inflicted by the person having charge of the child or caused by or resulting from that person’s,
(i) failure to adequately care for, provide for, supervise or protect the child, or
(ii) pattern of neglect in caring for, providing for, supervising or protecting the child
The risk of harm under s. 74(2)(b) of the Act must be real and likely, not speculative. The harm must be demonstrated by a serious form of one of the listed conditions or behaviours: see Children’s Aid Society of Rainy River v. B.(C.), 2006 ONCJ 458; Children’s Aid Society of Ottawa-Carleton v. T., 2000 CanLII 21157 (Ont. S.C.).
Harm caused by neglect or error in judgment comes within the finding of harm: see Children’s Aid Society of the Niagara Region v. T.P., 2003 CanLII 2397 (ON SC), 35 R.F.L. (5th) 290 (Ont. S.C.).
Subsection 93(1) of the Act provides as follows:
93 (1) Despite anything in the Evidence Act, in any proceeding under this Part,
(a) the court may consider the past conduct of a person toward any child if that person is caring for or has access to or may care for or have access to a child who is the subject of the proceeding; and
(b) any oral or written statement or report that the court considers relevant to the proceeding, including a transcript, exhibit or finding or the reasons for a decision in an earlier civil or criminal proceeding, is admissible into evidence.”
The Children’s Aid Society of London and Middlesex v. P et al., 2025 ONSC 3344 (CanLII) at 29-33