A child protection society sought a summary judgment order denying a father access to his seven-year-old daughter following his criminal convictions for serious offences against the mother, including sexual assault and human trafficking.
The father had been ordered supervised access by the Quebec Superior Court but the mother subsequently moved to Ontario with the child.
The court dismissed the summary judgment motion, finding genuine issues requiring a trial regarding the father's access, including conflicting evidence about why the Quebec access order was not implemented, insufficient evidence about the impact of access on the mother's mental health and parenting capacity, and concerns about the father's lack of insight into his conduct.
The court ordered a focused trial on the access issue while placing the child in the mother's care subject to society supervision.
