A Children's Aid Society brought a summary judgment motion seeking statutory and protection findings under the Child and Family Services Act, and an order for Crown wardship of a child apprehended at birth.
The respondent parents had previously been convicted of manslaughter in the death of another child due to malnutrition and failure to provide necessaries of life.
Two other children had been made Crown wards without access.
The court dismissed the motion, finding genuine issues for trial regarding whether the child was in need of protection and the appropriate disposition, despite the serious history of parental neglect and the parents' lack of demonstrated change.
