The applicant children’s aid society brought a summary judgment motion within a status review proceeding relating to a prior Crown wardship with access order.
The society argued that the Crown wardship component of the consent order was final and that only the access terms could be reviewed, seeking amendment of the access provisions to facilitate adoption placement.
The respondent parents contended that they consented to the order on the understanding that the children could be returned to them after demonstrating stable housing and parenting capacity.
The court held that several genuine issues for trial existed, including the interpretation of the consent Crown wardship order, the circumstances of the parents’ consent, and the children’s best interests regarding possible return to parental care or adoption.
Summary judgment was refused and the matter was directed to proceed to trial.
