“The leading case in Ontario in this regard is Chapman v. Chapman, 2001 CanLII 24015 (ON CA), [2001] O.J. No. 705 (C.A.) which was an appeal from a final order after trial granting access to a grandmother and her 8 and 10 year old grandchildren. Abella J.A. noted that there was a finding by the trial judge that the relationship between the grandmother and children was not positive, and that the purpose of the trial judge’s order was to “create” a positive relationship. She noted that this is the job of the parents and not the court, and if the parents’ decision was not arbitrary, it was not for the court to interfere with that decision unless it was in the best interests of the children to do so.
The ratio of this decision has been summed up in several cases (See Young v. Young, 2019 ONCJ 747 at para. 23 and Giansante v. Di Chiara, 2005 CarswellOnt 2190 (S.C.J.)) as an inquiry as to the following questions:
a. Is there a positive relationship between the Applicant and the child?
b. If there is a positive relationship, has the parents’ decision imperiled that relationship?
c. Has the parent acted arbitrarily?
It is to be noted that the doctrine of parental deference may not be as compelling where the family of a deceased parent seeks access to a child: See Giansante v. Di Chiara, 2005 CarswellOnt 2190 (S.C.J.) and Torabi v. Patterson, 2016 ONCJ 210.”