The applicant children’s aid society brought a motion for summary judgment in a child protection proceeding concerning a young child.
The society sought a finding that the child was in need of protection due to risks of physical and emotional harm arising from the father’s long history of aggressive, threatening, and unstable behaviour, including threats against the mother, authorities, and others.
Expert psychiatric evidence raised concerns regarding personality disorders and the father’s inability to comply with authority or accept limits.
The court held that there was no genuine issue requiring trial and that summary judgment was appropriate under the Family Law Rules, applying the principles from Hryniak v. Mauldin.
The child was found to be in need of protection, sole custody was granted to the mother, and the father’s access was terminated.