A. Towlson

The Children's Aid Society brought a motion for summary judgment seeking a final order to place the child in the care of the maternal grandmother for six months subject to supervision.

The mother had suffered a medical incident, struggled with substance abuse, and had not been in contact with the Society or her counsel for several months.

The father was noted in default.

Applying the test for summary judgment in child protection proceedings, the court found no genuine issue requiring a trial, determined the child remained in need of protection, and concluded that the requested supervision order was the least intrusive option in the child's best interests.

Following the dismissal of the appellant's appeal, the court received written submissions on costs.

The court noted unprofessional comments made by the appellant's counsel in their submissions.

As the respondent was substantially successful on the appeal, the court awarded the respondent costs fixed at $4,483.11 on a partial indemnity basis pursuant to Rule 24 of the Family Law Rules.