The applicant children's aid society brought a motion for summary judgment seeking a finding that the child was in need of protection.
The mother had fled with the child to the United States, living in her car and shelters, and exhibiting erratic behaviour and suspected paranoia.
The court found no genuine issue requiring a trial, concluding that the mother's actions put the child at risk of physical and emotional harm.
The motion was granted, and the child was found in need of protection.