The B.C. Court Of Appeal has dismissed a civil claim against the province’s Children’s Ministry that accused officials of allowing a toddler in its care to be molested by their father.
The panel of judges ruled that the father was initially given an unfair trial in family court, citing problems with expert testimony, and has ordered a new trial.
The civil claim, filed by the child’s mother in 2012, argued the ministry had been negligent and acted in bad faith when it allowed unsupervised visits with the father.
Thursday’s appeal court decision stems from two parallel cases involving the woman, who can only be named as JP.
In 2012, she was awarded sole custody of her three children after a family court judge ruled they were physically and sexually abused by their father.
The father, who also cannot be identified, has never been criminally charged.
In 2015, Supreme Court Justice Paul Walker issued a scathing 341-page ruling that found the ministry breached its fiduciary duty to the family.
Both the father and the ministry appealed the respective decisions and, on Thursday, the B.C. Court of Appeal upheld those appeals.
More to come.