K. Veenstra

The applicant children's aid society brought a motion to vary a temporary care and custody order, seeking to remove two children from the care of the respondent mother and place them with the respondent father or in society care.

The motion was precipitated by a physical altercation between one child and the mother's roommate.

The court found a material change in circumstances for the older child, who exhibited severe behavioural issues and conflict with the mother, and ordered him to remain in the father's care.

However, the court found no material change for the younger child and ordered her returned to the mother's care, subject to strict supervision terms.

The applicant father brought a motion for summary judgment to dismiss the respondent mother's motion to change a final consent parenting order.

The mother sought joint decision-making responsibility and shared parenting time, arguing her mental health had improved.

The court found no genuine issue for trial, as the mother failed to provide admissible evidence of a material change in circumstances since the original order.

The summary judgment motion was granted, the motion to change was dismissed, and the mother was ordered to seek leave before commencing any further motions to change.