The Children's Aid Society brought a motion for summary judgment seeking a finding that four children were in need of protection due to the mother's continued relationship with a man who had sexually assaulted one of the children's friends and was alleged to have abused one of the children.
The mother provided sworn evidence that she had ended the relationship and had not exposed the children to the man for over a year.
The court dismissed the motion, finding that the conflicting evidence regarding the mother's intentions and actions raised a genuine issue of credibility that could only be resolved at trial.
