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.
