The Catholic Children's Aid Society brought a motion for summary judgment seeking a finding that a newborn child was in need of protection and should be made a crown ward with no access for adoption purposes.
The parents opposed the motion.
The court found that there was no genuine issue requiring a trial regarding the child's need for protection, based on the parents' history with their first child and ongoing protection concerns including mental health issues, cognitive impairments, poor access attendance, and limited cooperation with the society.
However, the court found that there were genuine issues requiring a trial regarding the appropriate disposition, as the parents had demonstrated some improvements in their parenting abilities and mental health stability since the apprehension.
The court dismissed the summary judgment motion on disposition and ordered a structured trial to determine whether the child should be returned to the parents' care under a supervision order or made a crown ward.
