In a child protection summary judgment motion arising from severe unexplained injuries and the death of one infant sibling while in parental care, the court held there was no genuine issue requiring a trial.
Applying the cautious child-protection summary judgment approach under Rule 16 and the Hryniak framework, the court found the medical evidence overwhelming, the alternative explanations speculative, and the risk to the surviving children incapable of mitigation.
The court concluded one child continued to be in need of protection on status review and the other was in need of protection on the protection application.
Final orders placed one child in kin custody, the other in extended society care with an adoption plan, and provided supervised parental and sibling access.
