The Children's Aid Society brought a motion for summary judgment seeking a finding that the child was in need of protection and an order for Crown wardship.
The child had been apprehended due to domestic violence between the parents and the mother's failure to protect the child from the father.
The court granted summary judgment finding the child in need of protection under the Child and Family Services Act, noting the parents' history of conflict and the mother's lack of insight.
However, the court dismissed the motion for summary judgment regarding Crown wardship, finding a genuine issue for trial regarding the appropriate disposition, as the mother had made efforts to rehabilitate herself and raised concerns about the parenting capacity assessment.
