Katelyn Wiley

Respondent parents brought a summary judgment motion to dismiss a child protection application brought by the Children's Aid Society following the sudden unexpected death of their six-week-old infant.

The Society sought to establish that the surviving child was in need of protection due to alleged inadequate supervision and neglect.

The court found that the evidence did not establish a genuine issue requiring trial.

The surviving child was in her own bedroom and could be heard by the sleeping parent.

The fact that the child may have been awake and unattended for several hours while the parent slept, and was not fed or changed during that period, was insufficient to establish a real and likely risk of physical harm.

The motion was granted and the application dismissed.

In this temporary care and custody hearing under the Child and Family Services Act, the Windsor-Essex Children's Aid Society sought an order placing two young children in its temporary care and custody with supervised access to the respondent parents.

The respondent parents sought the return of the children to their care.

The court found reasonable grounds to believe the children were at risk of harm due to domestic conflict between the parents and the need for one child to receive services for special needs.

However, the court determined that with appropriate terms and conditions of supervision, the children could be adequately protected while remaining in the parents' care.

The court ordered the children be placed in the temporary care and custody of the respondent parents subject to Society supervision and specific conditions addressing domestic violence, counselling, and the child's special needs.