Ben-David Ulster

The Children's Aid Society of Ottawa brought a motion for summary judgment seeking to place the child, K, in the custody of her paternal great-grandmother, D.L., pursuant to section 102(1) of the Child, Youth and Family Services Act (CYFSA).

K's parents, E.K. (Mother) and O.K. (Father), opposed the motion, while D.L. supported it.

The court granted the Society's motion, finding that the parents had not made significant progress to address protection concerns since a previous order, and that it was in K's best interest to remain in D.L.'s care, ensuring a safe, stable environment and continuity of care, especially given K's serious medical needs.

The children's aid society brought a motion for summary judgment seeking a finding that three children were in need of protection and for final custody orders placing them with their maternal and paternal aunts.

The mother opposed the motion, arguing there were genuine issues for trial regarding protection, disposition, and access.

The court found no genuine issue requiring a trial, noting the mother's severe and longstanding mental health issues, threats of violence, and inability to adequately supervise the children.

The court granted the summary judgment, found the children in need of protection, awarded custody to the aunts, and ordered supervised access for the mother.

The Children's Aid Society of Ottawa brought a summary judgment motion seeking a finding that the child, K.C.E.F., was in need of protection and an order for Extended Society Care for adoption by kin caregivers.

The mother, who had a history of mental health and parenting capacity issues, did not participate in the motion, and the father was in default.

The court found no genuine issue requiring a trial, determined the child was in need of protection, and granted Extended Society Care, noting the child's Indigenous heritage and the kin caregivers' willingness to support it.

The court also clarified its obligation to set specific access terms, rather than delegating discretion to the Society or caregivers.

The Children's Aid Society brought a summary judgment motion seeking a finding that the child was in need of protection and an order placing her in the custody of her maternal aunt.

The mother opposed the motion, arguing that a trial was required, while the father and the child consented.

The court found that the mother had experienced a severe mental health breakdown requiring extended hospitalization, which profoundly affected the child.

Applying the principles for summary judgment in child protection cases, the court determined there was no genuine issue requiring a trial.

The court found the child in need of protection and, giving significant weight to the child's steadfast wish to live with her aunt, granted custody to the maternal aunt as being in the child's best interests.