Benjamin Leschied

The father moved for temporary care and custody of the children, subject to Society supervision, which was opposed by the Society and the mother.

The mother also moved for expanded interim access, unopposed by the Society.

The court found that despite the father's progress, significant concerns regarding his substance use, lack of corroborating medical reports, and unstable housing remained.

Applying the test from Children's Aid Society of Ottawa-Carleton v. T., the court determined that the children would likely suffer harm if returned to the father's care and could not be adequately protected by a supervision order at that time.

Consequently, the father's motion for temporary care and custody was dismissed, and the children remained in the Society's temporary care.

However, the court granted expanded interim access to both the father (including overnight access with conditions) and the mother, deeming it in the children's best interests.

The Society was also ordered to expedite a kinship assessment.

The applicant brought a motion for summary judgment seeking an order of Crown wardship for a child, with no access to the parents.

The mother opposed the motion, proposing a plan of care where she would live with her mother and step-father.

The court found no genuine issue for trial, relying on a previous psychological assessment indicating the mother's cognitive challenges and inability to parent independently, as well as uncontradicted evidence of child protection concerns regarding the maternal grandparents.

The court ordered Crown wardship and, finding the mother failed to establish a beneficial and meaningful relationship, made the order silent as to access.