4 total
Summary judgment granted awarding deemed custody to kith caregivers; mother's request for joint decision-making denied.
The Applicant Society brought a motion for summary judgment seeking a deemed custody order in favour of the child's kith caregivers, with access to the respondent mother at the caregivers' discretion.
The mother consented to the finding that the child was in need of protection but sought joint decision-making and fixed, unsupervised access.
The court found no genuine issue for trial, noting the mother's lack of credibility, her concerning associations, and the deteriorated relationship between her and the caregivers, which precluded joint decision-making.
The court granted summary judgment, awarding sole decision-making to the caregivers and ordering weekly access at their discretion, requiring 48 hours' notice from the mother.
Summary judgment granted for extended Society care of three children due to unmitigated parental substance abuse.
The Society brought a motion for summary judgment seeking an extended care order for three children who were apprehended due to the parents' homelessness, substance abuse, and domestic violence.
The father was noted in default.
The mother opposed the motion, seeking the return of the children or, alternatively, extensive access.
The court found no genuine issue for trial, as the mother had not mitigated the risk factors and continued to struggle with drug use and housing instability.
The court ordered extended care with supervised access for the mother once per month, finding that more frequent access was not in the children's best interests given her history of missed visits.
Temporary care of child ordered to paternal grandmother with expanded supervised access for the parents.
The Society brought a motion for a temporary care order to place the child in the care of the paternal grandmother, with supervised access for the parents.
The parents sought the return of the child to their care subject to supervision.
The court found reasonable grounds to believe the child would suffer harm if returned to the parents due to ongoing conflict and volatility.
The court ordered the child to remain in the temporary care of the paternal grandmother but directed the Society to immediately expand the parents' supervised access, with a structured plan to progress to unsupervised access if conditions were met.
Summary judgment granted dismissing biological mother's claim for face-to-face openness post-adoption.
The applicant child, a Crown ward with significant special needs, brought a summary judgment motion through counsel to dismiss the biological mother's claim for an openness order following his proposed adoption.
The biological mother sought to maintain the face-to-face access she had under the Crown wardship order.
The court found no genuine issue for trial, noting that the mother struggled to understand her changed role and that her volatility caused stress to the prospective adoptive parents.
Emphasizing that the purpose of an openness order is to support the success of the adoption, the court dismissed the mother's claim for face-to-face contact and ordered limited email openness as offered by the adoptive parents.
