The children's aid society brought a motion for summary judgment seeking an order to place the child in the custody of the paternal grandparents pursuant to section 102 of the Child, Youth and Family Services Act.
The mother opposed the motion, seeking a trial to have the child returned to her care.
The court applied the summary judgment framework and found no genuine issue for trial, noting the mother's instability, ongoing substance abuse issues, and failure to present a viable plan of care.
The court determined it was in the child's best interests to remain in the stable care of the paternal grandparents and granted them custody, with access to the parents at the grandparents' discretion.
