Hayley Marrison-Shaw

The Children's Aid Society sought a finding that two children were in need of protection and an order placing them in Extended Society Care.

The mother opposed the application, seeking the return of the children to her care, supported by the father.

Following a lengthy trial, the court found the children in need of protection due to ongoing exposure to domestic violence, chronic school absenteeism, and the mother's inability to meet their basic needs.

The court concluded that the mother's plan was not viable and placed the children in Extended Society Care, while granting specified access to the mother, father, and siblings.

The children's aid society brought a motion to dismiss a mother's status review application on the basis that the court lacked jurisdiction because the issue of access from the initial protection application was still pending following an appeal.

The court dismissed the society's motion, finding that status and access are distinct concepts under the legislation.

The court held that an outstanding access issue does not bar a parent from bringing a status review application regarding the children's placement, especially where significant changes in the proposed plans of care have occurred.

The Children's Aid Society brought a motion for temporary care and custody of two children.

The mother opposed the motion, seeking the children's return, while the father sought a graduated access plan.

The court found reasonable grounds to believe the children were at risk of harm in the mother's care due to her escalating mental health issues, paranoid behaviour, and refusal to cooperate with the Society.

The court granted the Society's motion, placing the children in temporary Society care with access at the Society's discretion.

The mother brought a motion for summary judgment to dismiss the children's aid society's protection application regarding her infant child.

The society alleged the child was in need of protection due to the father's history of substance abuse, domestic violence, and a prior judicial finding that he likely sexually abused another child.

The court found no triable issue regarding physical or emotional harm, as the mother had adequately cared for the child.

However, applying the cautionary approach to summary judgment in child protection matters, the court concluded there was a genuine issue requiring a trial regarding whether the mother could protect the child from the risk of sexual harm posed by the father.

The motion was dismissed.