In this child protection matter under Part III of the Child and Family Services Act, the Children's Aid Society sought a protection finding on summary judgment based on drug abuse concerns at the time of apprehension two years prior, while seeking only an order for the child to remain with the respondent mother with no supervision order.
The respondent mother opposed the summary judgment motion and sought dismissal of the application.
The court addressed the critical issue of whether the timing for determining if a child is in need of protection is at the date of apprehension or at the date of the hearing.
The court rejected the restrictive approach limiting consideration to the hearing date and held that courts have discretion to consider circumstances at the apprehension date, the hearing date, or other dates depending on circumstances.
Both summary judgment motions were dismissed as there remained a genuine issue for trial.
