Dr. P. Ross

A child protection motion for summary judgment brought by the Children's Aid Society seeking a finding that a child is in need of protection under section 37(2)(b)(i) of the Child and Family Services Act, an order for crown wardship, and an order for no maternal access.

The child was apprehended at birth and had been in foster care for approximately two years with only supervised access to the mother.

The court found that the mother's severe intellectual limitations, history of unsuccessful parenting with three prior children, personality difficulties, and inability to comply with supervision orders created a risk of physical harm.

The court granted the motion for summary judgment, finding no genuine issue requiring trial on the grounds for protection, disposition, or access.

The respondent mother brought a motion for summary judgment seeking to dismiss the applicant father's Motion to Change and for costs.

The father sought to vary custody and access provisions of orders made in 2010, 2013, and 2015.

The court found that the father failed to establish a material change in circumstances as required by section 29 of the Children's Law Reform Act.

The father's evidence consisted primarily of one affidavit from the maternal aunt and reliance on a psychological assessment report that did not constitute proof of material change.

The motion for summary judgment was granted and the father's Motion to Change was dismissed.