The respondents brought a summary judgment motion seeking dismissal of a grandmother’s application for access to her grandchildren under s. 21(1) of the Children’s Law Reform Act.
The court considered the best interests of the children under s. 24 of the Act, including the nature of the historical relationship between the grandmother and the children, the present circumstances of the family, and the status quo after several years without contact.
Even accepting the applicant’s characterization of the prior relationship, the court found it to be an ordinary grandparent relationship and not one warranting court‑ordered access.
Given the intense conflict between the adults and the children’s stable and thriving circumstances, ordering access would place the children in the middle of ongoing hostility.
The court concluded there was no genuine issue requiring a trial and granted summary judgment dismissing the application.