Jill Scrutton-Fulford

In a child protection proceeding, the society brought a motion for summary judgment seeking findings that the youngest child was in need of protection and that all three children be made Crown wards without access.

The court reviewed the history of domestic violence, parental instability, and repeated apprehensions, and found there was no genuine issue requiring a trial on whether the children were in need of protection under the Child and Family Services Act.

However, the court determined that genuine issues remained regarding disposition, including competing plans advanced by the mother, the maternal grandmother, and the society.

Evidence suggesting changed circumstances and community support for the mother, as well as a proposed placement with the grandmother approved by Nova Scotia authorities, raised triable issues.

The court therefore granted summary judgment only on the protection finding and ordered that disposition proceed to trial.

The applicant children's aid society brought a motion for summary judgment seeking an order of Crown wardship for three children.

The parents, who arrived as refugees and faced significant intellectual and physical disabilities, struggled to provide adequate care despite extensive community support.

The court granted summary judgment for Crown wardship, finding no genuine issue for trial regarding the parents' inability to care for the children.

However, the court found the society failed to establish that there was no triable issue regarding access between the parents and the children, and ordered a trial on the issue of access.