B. Lynn

The applicant children's aid society brought a motion for summary judgment seeking to have two children placed in extended society care with no parental access.

The children had been apprehended following severe physical abuse and restraint by the respondent parents.

The court applied the summary judgment framework and found no genuine issue requiring a trial, as the material facts of the abuse were established and the parents' parenting capacity assessments indicated a high risk of future harm.

The motion was granted, the children were placed in extended society care, and parental access was denied as it was not in the children's best interests.

Costs were determined following competing family law motions concerning supervision and expansion of parental access to a child.

The applicant grandmother sought to change the supervisor of the father’s access, while the mother sought unsupervised staged access.

The court had dismissed the applicant’s motion and granted the mother’s cross‑motion for unsupervised access.

Applying Rule 24 of the Family Law Rules, the court held that costs presumptively follow the event and found no bad faith or unreasonable conduct sufficient to displace that presumption.

Partial indemnity costs were therefore awarded to each successful respondent for their respective motions.