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The court dismissed the society's appeal, finding no palpable and overriding error in the lower court's refusal to grant summary judgment for crown wardship.
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.
