The Children's Aid Society of Algoma appealed a decision of the Ontario Court of Justice that dismissed its application for summary judgment seeking Crown wardship of three children.
The lower court judge found a genuine issue requiring a trial, considering the children's desire to return to their mother, the mother's improved lifestyle, and the maternal aunt's position.
The Superior Court of Justice, on appeal, applied a palpable and overriding error standard of review and found no basis to interfere with the lower court's conclusion that a genuine issue for trial existed.
The appeal was dismissed, and the matter was directed to proceed to trial.
