The Catholic Children’s Aid Society brought a summary judgment motion for Crown wardship without access for the child P-J.S-M. The mother, M.S., supported the paternal grandmother's (K.N.) plan of care, while the father, R.M., was noted in default.
The Society argued K.N. was unsuitable due to her history of non-cooperation and inability to protect the child from R.M.'s violent behavior.
K.N. contended the Society failed its duty to conduct a kin assessment.
The court found the Society had justifiable reasons not to conduct a kin assessment, citing R.M.'s aggressive behavior, K.N.'s past defense of him, and the inadequacy of her safety plan.
The court concluded there was no genuine issue requiring a trial and that access would impair the child's future adoption opportunities.
