The appellant mother appealed a summary judgment order making her infant child a Crown Ward with no access for the purposes of adoption.
The motion judge had relied heavily on a past parenting capacity assessment and historical child protection involvement, while dismissing the mother's new evidence, which included a recent psychological assessment and a plan of care with her new partner.
The Superior Court of Justice allowed the appeal, finding that the motion judge erred in granting summary judgment because the mother had presented sufficient conflicting evidence that required a trial.
The court ordered an expedited trial to determine the child's disposition.
