The Children's Aid Society brought a motion for summary judgment on a child protection application seeking a finding that two children were in need of protection and orders for their placement in the care of their respective fathers with Society supervision.
The mother opposed the motion, arguing that material facts remained in dispute requiring a trial.
The court granted the Society's motion for summary judgment, finding that the children were in need of protection from risk of emotional harm pursuant to section 37(2)(g) of the Child and Family Services Act.
The court found that the mother's inability to cope with significant life stressors, coupled with her failure to address underlying issues and seek treatment, created a real and pressing risk of emotional harm to the children.
The court ordered the children to remain in their fathers' care subject to Society supervision for seven months and structured the mother's access to ensure regular, consistent contact while protecting the children from further harm.
