Dr. Benjamin Klein

The applicant sought a review of the respondent's decision refusing her application to adopt her former foster child.

The child, who has severe developmental delays and complex trauma, requires a calm and consistent home environment.

The tribunal found that the applicant's home, which includes three children with special needs and a history of significant family conflict and crises, could not provide the necessary stability and individualized attention.

The tribunal concluded it was in the child's best interests to uphold the respondent's refusal.

The Children's Aid Society brought a motion for summary judgment seeking an order for Crown wardship without access for two children.

The mother opposed the motion but failed to file responding materials and sought an adjournment, which was denied.

The court found no genuine issue for trial, noting the mother's long-standing, unaddressed substance abuse and mental health issues, and her failure to engage with services.

Relying on expert assessments indicating the children required stability and specialized care, the court granted the motion, making the children Crown wards without access for the purpose of adoption.