Respondent parents brought a summary judgment motion to dismiss a child protection application brought by the Children's Aid Society following the sudden unexpected death of their six-week-old infant.
The Society sought to establish that the surviving child was in need of protection due to alleged inadequate supervision and neglect.
The court found that the evidence did not establish a genuine issue requiring trial.
The surviving child was in her own bedroom and could be heard by the sleeping parent.
The fact that the child may have been awake and unattended for several hours while the parent slept, and was not fed or changed during that period, was insufficient to establish a real and likely risk of physical harm.
The motion was granted and the application dismissed.
