C. Clark

The Children's Aid Society of the Niagara Region brought a summary judgment motion seeking a finding that the child, N.E.H., was in need of protection and a final order for extended care.

The mother, diagnosed with FASD and intellectual deficits, contested this, arguing for genuine issues requiring a trial, particularly regarding the appropriate disposition and the availability of parental supports.

The court made preliminary findings but dismissed the Society's motion for summary judgment, finding that a fair and just determination on the merits required a full trial due to unresolved issues concerning the mother's capacity with supports, the reliability of certain hearsay evidence, and the need for viva voce testimony from key witnesses.

The Children's Aid Society sought a finding that the child was in need of protection and an order placing the child in extended care for the purpose of adoption.

The biological parents opposed the application, seeking to have the child placed in their care.

The court found the child in need of protection due to concerns regarding the parents' intellectual and emotional deficits, domestic conflict, and inability to maintain a safe home environment.

The court ordered the child placed in the extended care of the Society for adoption, but granted the parents access, finding that continued contact was in the child's best interests.

The defendant was charged with sexual assault and two counts of sexual touching of his pre-pubescent granddaughter between 2006 and 2009.

The Crown called the complainant and her mother as witnesses.

The defence called the complainant's aunt and grandmother.

The complainant provided a videotaped statement to police and testified at trial regarding multiple incidents of alleged sexual abuse.

The defendant did not testify.

The court found the complainant to be reliable and believable overall, and found corroborating evidence in the defendant's admission to providing cigarettes to the complainant.

However, the court identified significant improbabilities in the complainant's account, including the alleged 30-minute fondling in a lit room with family members present, the complainant's willingness to visit her grandparents after alleged abuse, and inconsistencies regarding scratches on her breasts.

The court concluded that while the allegations were probably true, they fell short of the criminal standard of proof beyond a reasonable doubt.