The parents appealed an order making their two children permanent wards of the Crown without access.
The trial judge had granted summary judgment against the mother based on a prior agreement to be bound by a parental assessment, effectively delegating the disposition decision and depriving her of a hearing on the merits.
The Court of Appeal found this process fundamentally flawed, as the burden was on the Children's Aid Society to show no triable issue regarding the best interests of the children.
The Court also admitted fresh evidence regarding the mother's mental health progress and the parents' support network.
The appeal was allowed and a new hearing ordered.
