Danielle Dworsky

The Children's Aid Society brought a motion for partial summary judgment on the eve of trial, seeking a finding that two children were in need of protection and should be placed in extended care, leaving the issue of the mother's access for trial.

The court dismissed the motion, finding that partial summary judgment would not shorten the trial significantly, risked inconsistent findings of fact, and raised fairness concerns given the mother's recent retention of new counsel and evidentiary issues.

The matter was ordered to proceed to a full trial on all issues.

The Children's Aid Society of Ottawa sought leave to appeal a temporary order that granted care and custody of five children to the respondent mother, subject to conditions granting the Society access to health care and education information.

The Society argued the order improperly divided custody.

The Divisional Court dismissed the motion for leave to appeal, finding no reason to doubt the correctness of the order, as the conditions were reasonable and authorized by the Child and Family Services Act.

Furthermore, the court held the proposed appeal did not involve matters of public importance.