The Children's Aid Society brought a motion for summary judgment seeking a finding that the child was in need of protection under section 74(2)(h) of the Child, Youth and Family Services Act, 2017 (emotional harm), with no further orders required.
The respondent mother alleged sexual abuse by the father, while the father denied the allegations.
The court denied the summary judgment motion, finding that the Society's evidentiary record was insufficient and contained inadmissible hearsay and opinion evidence.
The court determined that genuine issues requiring a trial existed regarding both the finding of need of protection and the appropriate disposition.
