The Catholic Children's Aid Society brought a summary judgment motion for final orders regarding the child E., including joint custody to the father and paternal grandmother, decision-making authority to the father, and discretionary supervised access for the mother.
The mother opposed, seeking joint custody and generous unsupervised access.
The court applied the Hryniak framework for summary judgment, with the caution required in child protection cases (Kawartha principles).
The court found no genuine issue requiring a trial, noting the mother's untreated mental health issues, history of instability, and failure to engage with services.
The court granted the Society's requested orders, finding them to be in the child's best interests, and dismissed the mother's opposing requests.