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.