A motion by the maternal grandfather (R.W.) to vary an interim order placing two young children in the temporary care and control of the Children's Aid Society.
The grandfather sought placement of the children in his home.
The court applied the test under subsection 51(6) of the Child and Family Services Act, finding a material change in circumstances but ultimately dismissing the motion.
The court found that while the grandfather's application merited consideration, insufficient evidence regarding the children's needs, the grandfather's ability to manage the older child's special medical needs (spina bifida), and unresolved concerns about the grandfather's marijuana use and financial obligations created too much uncertainty to warrant moving the children prior to trial.
The court emphasized the importance of continuity for very young children and the risk of multiple placements.
