Dr. Betty Kershner

The applicant children's aid society brought a motion for summary judgment seeking an order that a 4.5-year-old child with autism spectrum disorder be placed in extended society care, with reduced access for the parents.

The parents opposed the motion, seeking to have the child placed in their care or to adjourn for updated parenting capacity assessments.

The court applied the test for summary judgment in child protection proceedings and found that there were genuine issues requiring a trial regarding the father's parenting plan and both parents' access.

The court noted that the existing parenting capacity assessments were outdated and that the COVID-19 pandemic had impacted the parents' ability to progress.

The motion for summary judgment was dismissed and the matter was ordered to proceed to trial.

The Children's Aid Society sought a finding that the child was in need of protection and an order placing the child in extended care for the purpose of adoption.

The biological parents opposed the application, seeking to have the child placed in their care.

The court found the child in need of protection due to concerns regarding the parents' intellectual and emotional deficits, domestic conflict, and inability to maintain a safe home environment.

The court ordered the child placed in the extended care of the Society for adoption, but granted the parents access, finding that continued contact was in the child's best interests.

The Children's Aid Society brought a motion to dismiss the mother's appeal for delay.

The mother had appealed a summary judgment order that granted custody of the children to the father and limited her to supervised access.

Applying the test for dismissing an appeal for delay, the court found that while the delay was not inordinate, the mother failed to demonstrate that her appeal had arguable merit.

The court also considered the children's best interests, emphasizing the need for stability and finality.

The motion was granted and the appeal was dismissed.

The Children's Aid Society sought a finding that two children were in need of protection.

The mother had experienced marijuana-induced psychotic episodes.

The younger child had been living with his father since apprehension, while the older child, who suffered from severe anxiety and selective mutism, was in foster care.

The court found both children in need of protection.

The younger child was placed in his father's custody subject to supervision.

The older child was made a Crown ward.

The court ordered ongoing access between the mother and the older child, finding the relationship beneficial and meaningful, and that access would not impair future adoption opportunities.