The Children's Aid Society of the Niagara Region brought a summary judgment motion seeking a finding that the child, N.E.H., was in need of protection and a final order for extended care.
The mother, diagnosed with FASD and intellectual deficits, contested this, arguing for genuine issues requiring a trial, particularly regarding the appropriate disposition and the availability of parental supports.
The court made preliminary findings but dismissed the Society's motion for summary judgment, finding that a fair and just determination on the merits required a full trial due to unresolved issues concerning the mother's capacity with supports, the reliability of certain hearsay evidence, and the need for viva voce testimony from key witnesses.
