The Children's Aid Society brought a motion for summary judgment seeking protection findings and a disposition order for three children in foster care.
The Society sought to have all three children removed permanently from the mother's care and placed in extended care with a plan for adoption as a sibling group, with no access to either parent.
The court dismissed the motion, finding that the Society failed to meet its onus to demonstrate there was no genuine issue requiring trial on the issue of disposition.
The court found critical evidentiary deficiencies in the Society's case, including inadmissible hearsay evidence regarding drug testing and inadequate evidence regarding parenting capacity based on summarized access notes and group reports.
