The appellant mother appealed an Ontario Court of Justice decision granting summary judgment to the Children's Aid Society, which placed her two children in extended care with no access.
The mother, who was unrepresented at the motion, contested much of the Society's evidence and was unable to effectively present her case or cross-examine witnesses.
The Superior Court of Justice allowed the appeal, finding that the motions judge erred in using discretionary powers to weigh evidence and evaluate credibility without a trial, as the polarized positions and procedural fairness concerns meant a fair and just result could not be achieved summarily.
The matter was remitted for trial before a different judge.
