The children's aid society brought a motion for summary judgment seeking an order for Crown wardship with access for the child.
The child had been in care for over four years following multiple apprehensions due to neglect and a physical incident involving the father's partner.
The court found no genuine issue for trial regarding the child's continued need for protection and the disposition of Crown wardship, relying on a parenting capacity assessment that concluded the father and his partner lacked the ability to meet the child's needs.
However, the court found a genuine issue for trial regarding the specific terms of access and ordered a focused trial on that issue.