The applicant children's aid society brought a motion for summary judgment seeking a finding that the children were in need of protection and an order for extended society care.
The respondent mother and maternal grandmother opposed the motion, with the grandmother seeking a supervision order to herself.
The court found that despite the grandmother's past violations of safety plans, her recent steps in counselling and the mother's relocation to another city created a genuine issue for trial regarding her ability to protect the children.
The motion for summary judgment was dismissed and a trial was ordered.
