The appellant mother appealed a summary judgment order making her child a Crown ward with no access, and placing her other child with a paternal aunt.
The mother argued that her recovery from substance abuse and stabilization of her mental health created a genuine issue for trial regarding her fitness to parent.
The Superior Court of Justice dismissed the appeal, finding that the motion judge correctly applied the test for summary judgment and that the evidence, including parental capacity assessments and the mother's inconsistent progress, supported the conclusion that there was no genuine issue for trial.