The applicant grandmother brought an application for specified access to her 12-year-old granddaughter.
The respondent mother opposed specified access, requesting that any access be at her sole discretion.
The matter proceeded as a focused hearing treated as a summary judgment motion.
The court found a history of significant conflict and dysfunction between the grandmother and the mother, including unfounded reports made by the grandmother to the Children's Aid Society.
Applying the test for grandparent access, the court held that the mother was not acting arbitrarily in limiting access and that court-ordered specified access would place the child in the middle of the conflict, contrary to her best interests.
The court ordered that the grandmother have access solely at the discretion of the mother, consistent with the child's wishes.