Edwin W. Paget

The Children's Aid Society of Niagara Region moved for summary judgment to place a child in extended care without access under the Child, Youth and Family Services Act, 2017.

The respondent mother had a history of inadequate care for older children, drug use during pregnancy, avoidance of prenatal care, and unsuitable living conditions.

The court found no genuine issue requiring a trial, concluding that the mother could not provide adequate care and that extended care without access was in the child's best interests, given the child's need for a permanent home and good adoption prospects.

The Children's Aid Society brought a summary judgment motion on a status review application, seeking a final order granting custody of two children to their maternal great aunt and uncle.

The children's mother and maternal grandmother opposed the motion, seeking custody or placement with supervision.

The court found that the children had flourished in the care of their great aunt and uncle for three years and that there was no realistic possibility of an outcome other than a custodial order in their favour.

Summary judgment for custody was granted, but the issue of access was directed to trial.