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Appeal dismissed; summary judgment crown wardship order upheld.
A father appealed a summary judgment order of the Ontario Court of Justice that made two children crown wards without access for the purpose of adoption in a child protection proceeding.
The father argued the motions judge misapplied the summary judgment test and that a triable issue existed regarding reunification.
The Superior Court held that the correct legal test had been applied and that the evidence overwhelmingly demonstrated no genuine issue requiring a trial.
The record showed long-standing concerns about the father’s judgment, instability, criminal conduct, and inability to provide safe parenting.
The appeal was dismissed and the crown wardship order remained in effect.
Appeal dismissed; crown wardship without access upheld as best ensuring stability and finality.
The appellant mother appealed a child protection disposition ordering crown wardship without access for two children apprehended at birth.
She argued that the trial judge erred in finding a risk of continued litigation if the children were placed with family caregivers and failed to properly follow the statutory pathway under the Child and Family Services Act in declining supervision or custody orders.
The appellate court held that the trial judge’s inference regarding future litigation was supported by the evidentiary record, including the mother’s litigation history and continuing efforts to regain custody.
Fresh evidence concerning a temporary kinship placement did not demonstrate that the trial judge erred in declining less intrusive alternatives.
The court concluded that the trial judge properly considered the statutory options and reasonably determined that crown wardship without access best served the children’s interests in certainty and finality.
