The Children's Aid Society brought a motion for summary judgment seeking a finding that a child was in need of protection under subsection 37(2)(b)(i) of the Child and Family Services Act, based on alleged risk of physical harm caused by the mother's mental health issues.
The mother opposed the finding and the Society's proposed supervision order.
The court dismissed the motion, finding that the Society had not established a realistic risk of harm.
The evidence showed the mother had a single manic episode in 2010 (likely substance-induced), had demonstrated stable functioning over sixteen months of unsupervised access, and had received clearance from her treating psychiatrist.
The court found there was a genuine issue requiring trial and that it was not plain and obvious the Society would succeed.
