Dr. Colonne

The Children's Aid Society brought a motion for summary judgment on a child protection application seeking a finding that two children were in need of protection and orders for their placement in the care of their respective fathers with Society supervision.

The mother opposed the motion, arguing that material facts remained in dispute requiring a trial.

The court granted the Society's motion for summary judgment, finding that the children were in need of protection from risk of emotional harm pursuant to section 37(2)(g) of the Child and Family Services Act.

The court found that the mother's inability to cope with significant life stressors, coupled with her failure to address underlying issues and seek treatment, created a real and pressing risk of emotional harm to the children.

The court ordered the children to remain in their fathers' care subject to Society supervision for seven months and structured the mother's access to ensure regular, consistent contact while protecting the children from further harm.

A child protection application brought by the Children's Aid Society seeking a finding that two children were in need of protection under section 37(2)(b)(i) of the Child and Family Services Act due to risk of physical harm.

The mother consented to the finding through an agreed statement of facts.

The father contested the application.

The court found overwhelming evidence that the children were at risk of physical harm while in the father's care, including: the father's misuse and abuse of prescription medications (particularly oxycodone), his involvement in a dangerous driving incident while impaired by drugs with the children in the vehicle, his pattern of "doctor shopping" to obtain controlled substances, and his physical and verbal abuse of the mother in the presence of the children.

The court made a finding that the children were in need of protection and ordered a parenting capacity assessment to proceed.