On a summary judgment motion in a child protection proceeding, the court found no genuine issue requiring a trial on statutory findings, the finding that the child was in need of protection, and the permanent placement of the child with maternal grandparents.
The evidence established serious parental risk factors, including alleged intimate partner violence, the mother’s chronic drug use, and instability at the time of apprehension, while the child had been safely and stably placed with the maternal grandparents for most of his life.
Applying the cautious child-protection summary judgment framework under Rule 16 and the principles in Hryniak and Kawartha, the court held that a fair and just determination could be made on the written record.
The court granted a final s.102 custody order, made discretionary access for the mother, and denied the father’s request for expansive access and information rights, instead ordering limited supervised online and in-person access.
