The Children's Aid Society brought a motion for summary judgment seeking a protection finding for two children, A.A. and B.B., alleging risk of physical harm, sexual abuse, and emotional harm due to their mother D.C.'s failure to protect them from an abusive male adult, Y.B. The Office of the Children's Lawyer (OCL) supported the protection finding, while the mother opposed it.
The court dismissed the society's motion, finding no genuine issue requiring a trial and concluding that the children were not in need of protection.
The court determined that the risks, primarily related to Y.B., had been mitigated over time, and there was insufficient admissible evidence to establish a present likelihood of serious harm.
The decision emphasized the importance of the 'flexible approach' to the material time period for protection findings and highlighted issues with the admissibility of hearsay evidence in summary judgment motions.
