Lori Lorraine Gibson

The Simcoe Muskoka Child and Youth Family Services brought an urgent motion to change a previous order, seeking temporary care and custody of the child BS and addressing the mother's request for face-to-face access during the COVID-19 pandemic.

The child consented to remaining in the Society's care.

The court considered the mother's non-compliance with previous supervision orders and her inability to provide a specific, realistic proposal for safe face-to-face access amidst COVID-19 concerns.

Applying principles from Ribeiro v. Wright, the court granted the Society's motion, ordering temporary care and custody to the Society and limiting the mother to virtual access, with face-to-face visits contingent on the Society deeming them safe.

In a child protection proceeding under Part III of the Child and Family Services Act, the society sought summary judgment for Crown wardship without access in order to pursue adoption of the child by foster parents.

The father opposed the motion and advanced a plan of care proposing that the child reside with him and the paternal great‑grandmother, with daycare and extended family support.

The court held that the society had not established that there was no realistic probability of an outcome other than Crown wardship and that several material issues required a full trial, including the legitimacy of the re‑apprehension, the father’s alleged rehabilitation, kinship placement options, and potential Indigenous heritage considerations.

The court concluded that these matters required credibility assessments and cross‑examination that could not be resolved on a summary judgment record.

The society’s motion for summary judgment and the father’s motion for interim care were both dismissed, and the matter was directed to proceed to trial.