The Children's Aid Society brought a motion for summary judgment seeking a finding that three children were in need of protection and an order placing them in extended society care.
The parents opposed the motion, arguing there were genuine issues for trial.
The court found no genuine issue for trial regarding the protection finding, as the evidence of the parents' substance abuse, inadequate supervision, and the children's needs clearly established they were in need of protection.
However, the court found a genuine issue for trial regarding disposition, as the mother had obtained housing, completed rehabilitation, and proposed a plan of care that could not be summarily dismissed.
The matter was remitted for trial on disposition.
