The Kawartha-Haliburton Children's Aid Society appealed a decision dismissing its motion for summary judgment in a child protection proceeding.
The Society sought an order finding the two infant children in need of protection and making them Crown Wards for the purpose of adoption.
The parents, who both have significant developmental and cognitive issues, opposed the motion.
The Divisional Court found that the motions judge erred in concluding there were genuine issues for trial, as the evidence overwhelmingly demonstrated the parents' inability to care for the children and the lack of a realistic plan of care.
The appeal was allowed, and summary judgment was granted making the children Crown Wards with no access.