The applicant children's aid society brought a motion for summary judgment seeking an order that a 4.5-year-old child with autism spectrum disorder be placed in extended society care, with reduced access for the parents.
The parents opposed the motion, seeking to have the child placed in their care or to adjourn for updated parenting capacity assessments.
The court applied the test for summary judgment in child protection proceedings and found that there were genuine issues requiring a trial regarding the father's parenting plan and both parents' access.
The court noted that the existing parenting capacity assessments were outdated and that the COVID-19 pandemic had impacted the parents' ability to progress.
The motion for summary judgment was dismissed and the matter was ordered to proceed to trial.
