The parents appealed a summary judgment order declaring their child a Crown ward without access.
They argued the motions judge erred by admitting past parenting capacity assessments and that the summary judgment rule in child protection cases violated section 7 of the Charter.
The Divisional Court dismissed the appeal, finding the assessments were expressly admissible under the Child and Family Services Act and declining to hear the Charter challenge as it was raised for the first time on appeal without an evidentiary foundation.
