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Children remained with their fathers after sweeping protection findings against the mother.
Following a lengthy child protection trial involving two children, three parents, extensive lay and professional evidence, and multiple preliminary motions, the court dismissed the mother’s constitutional challenge and found both children in need of protection under the CYFSA.
The court found serious risks arising from chronic family violence and conflict, physical discipline, coached false sexual-abuse allegations, educational neglect, health-care mismanagement, abusive social media conduct, vexatious complaints and litigation behaviour, and significant untreated mental health concerns.
The court accepted the court-ordered psychological evidence diagnosing ADHD and borderline personality disorder, rejected the mother’s effort to prove sexual abuse by one father, and admitted certain recordings including Ring camera evidence while limiting other recordings to non-hearsay use.
Final s. 102 orders placed each child with his respective father, imposed strict supervised access and extensive conduct restrictions on the mother, granted a restraining order in favour of one father, and imposed a two-year moratorium plus leave requirement for any future motion to change.
The court also dismissed the mother’s post-trial motion and deferred any costs process.
The court granted summary judgment dismissing the mother's status review application, maintaining the child's Crown wardship.
The Children's Aid Society brought a motion for summary judgment to dismiss the Mother's status review application, which sought to terminate the Crown ward status of her child, TAK, and return TAK to her custody.
The court reviewed the evidence, including expert reports on TAK's trauma and consistent views against returning to the Mother.
Applying the summary judgment principles and the child's best interests under the Child, Youth and Family Services Act, the court found no genuine issue requiring a trial.
The motion was granted, dismissing the Mother's application, emphasizing the child's need for permanency and stability.
