Cedric Nahum

The Children's Aid Society brought a motion for summary judgment to make a four-year-old child a permanent ward of the Crown.

The child's mother and father did not oppose the motion or present viable plans of care.

The paternal grandmother opposed the motion and presented a plan of care.

The court found that the grandmother had a long history of child protection involvement, lacked a relationship with the child, and failed to demonstrate an ability to meet the child's needs.

The court granted summary judgment, finding no genuine issue requiring a trial, and ordered that the child be made a permanent Crown ward.

The maternal grandmother appealed a decision confirming the jurisdiction of the Ontario Superior Court and the legality of the apprehension of two children in Quebec by the Ottawa Children's Aid Society (CAS) in collaboration with Quebec child protection authorities.

The Divisional Court dismissed the appeal, finding that the children were habitually resident in Ontario, the cross-border apprehension was a practical and legal solution in the children's best interests, and the Ontario court had jurisdiction to hear the protection application.