Karen O’Keefe

A child protection agency brought a motion for summary judgment seeking findings that two children were in need of protection and requesting Crown wardship without access for the purpose of adoption.

The court considered whether any genuine issue for trial existed under the Family Law Rules and the Child and Family Services Act.

The evidence showed longstanding instability, domestic violence, mental health issues, and parenting incapacity affecting the parents, as well as sporadic parental contact and delayed paternal involvement.

The court concluded that neither parent established a triable issue regarding placement or access and that the children’s best interests required permanent placement.

Crown wardship orders without access were granted.

The Children's Aid Society brought a motion for summary judgment seeking an order for Crown wardship without access for two children.

The mother opposed the motion, seeking the return of the children to her care.

The court found that the mother had a long-standing history of substance abuse, involvement in domestic violence, and instability, and had failed to demonstrate an ability to meet the high special needs of the children.

The court concluded there was no genuine issue for trial, as the statutory timelines for temporary care had expired and a return to the mother was not a viable option.

The motion was granted, and the children were made Crown wards without access for the purposes of adoption.