In a child protection status review proceeding, the applicant society brought a motion for summary judgment seeking final disposition orders regarding two children.
The court considered whether there was a genuine issue requiring a trial under Rule 16 of the Family Law Rules.
The evidentiary record showed longstanding domestic violence, repeated non‑compliance with court orders, and the parents’ inability to provide safe care despite extensive services and prior interventions.
The responding parent filed no evidentiary materials opposing the motion and relied only on speculation that a trial might produce additional evidence.
The court held that no genuine issue for trial existed and granted summary judgment, ordering custody of one child to the maternal grandparents under s. 57.1 of the Child and Family Services Act and Crown wardship without access for the other child.
