A motion for summary judgment brought by the Children's Aid Society of Toronto seeking a finding that two young children are in need of protection and a disposition of crown wardship without access.
The court found both children in need of protection under section 37(2)(b)(i) of the Child and Family Services Act based on the risk of physical harm resulting from the parents' failure to adequately care for and protect the children.
The court granted the motion and ordered crown wardship without access, finding that the mother's parenting capacity remained inadequate, the father had a history of violence and criminal behaviour, and the mother had demonstrated poor judgment regarding her relationship with the father.
The court dismissed the mother's request for a parenting capacity assessment as untimely and found no genuine issue for trial.
