A. Kabongo

Child protection agency sought summary judgment declaring three children in need of protection and requesting permanent Crown wardship for twin infants.

The evidence included medical findings of multiple fractures consistent with physical abuse inflicted while the children were in the care of the mother and her partner, along with evidence of parental instability and limited parenting capacity.

The court concluded there was no genuine issue requiring a trial regarding the twins’ protection status and their best interests, and found that adoption planning through Crown wardship was appropriate.

However, the court determined that a trial was required to decide the appropriate long‑term placement for the older child.

The biological father of the twins was permitted to participate and propose a care plan.

Child protection proceedings in which a children's aid society brought a motion for summary judgment declaring several children in need of protection and seeking their return to the mother under a supervision order.

The evidence demonstrated extensive past concerns including exposure to domestic violence, substance abuse, neglect of medical and hygiene needs, and inappropriate discipline.

The mother consented to a finding of protection and supervision, while another responding party opposed the motion and requested a trial or placement of one child in his care.

The court held that the evidence overwhelmingly established the children were in need of protection and that no genuine issue requiring a trial existed.

Applying the statutory requirement to consider the least disruptive measures, the court ordered the children returned to the mother under supervision.