The appellant mother appealed a child protection decision granting summary judgment that two children were in need of protection and making them Crown wards without access.
The appellant argued the motions judge improperly relied on hearsay, opinion, and business record evidence and that this reliance violated section 7 of the Charter.
The court held that unopposed affidavit material, verbal agreements, and concessions made during a summary judgment hearing may properly be relied upon, particularly where the parties are represented by counsel and no objection was raised.
The court found no breach of the Charter and concluded the motions judge correctly applied the legal test and made appropriate statutory findings.
The appeal was dismissed.
