The applicants sought a review of the respondent children's aid society's decision to refuse their application to adopt a two-year-old child who had been in their foster care.
The society had removed the child and refused the adoption after the child suffered an unexplained elbow fracture while in the applicants' care, relying on the 'unexplained injury principle'.
The Child and Family Services Review Board rescinded the society's decision, finding that the unexplained injury principle was distinguishable because the injury was less severe than in precedent cases, there was evidence of potential third-party intervention by the child's siblings, and the society had no other concerns with the applicants' care.
The Board concluded it was in the child's best interests to proceed with the adoption application given the strong sibling bonds and the applicants' ability to meet the child's needs.