3 total
Summary judgment motion adjourned due to Society's voluminous, unfocused materials prejudicing self-represented respondent.
The Children's Aid Society brought a summary judgment motion in a child protection proceeding.
The Society filed voluminous materials, including 16 affidavits and a 35-page single-spaced factum, without seeking leave to exceed practice direction limits.
The self-represented respondent grandmother had not received the updated materials until the morning of the hearing.
The court adjourned the motion, emphasizing that procedural fairness requires the Society to file focused, relevant evidence so that a self-represented litigant has a meaningful opportunity to respond.
The Society was ordered to file amended, page-limited materials.
Temporary care of child awarded to grandmother due to risk of harm from parents.
The children's aid society apprehended a child and applied for a finding that the child was in need of protection.
The society, the father, and the paternal grandmother all sought temporary care and custody of the child.
The court found that both the father and the grandmother had charge of the child immediately before the intervention.
Due to the parents' history of domestic violence, substance abuse, and mental health crises, the court concluded there was a risk of harm if the child was returned to the parents.
The court ordered that the child remain in the temporary care of the paternal grandmother pursuant to section 51(2)(c) of the Child and Family Services Act.
Temporary care and custody of children ordered to father following apprehension due to suspicious bruising.
The applicant children's aid society sought a temporary order to keep three children in the care and custody of their father, subject to society supervision, following their apprehension from the mother and stepfather.
The apprehension was triggered by suspicious bruising on the youngest child, which a medical assessment concluded was highly suspicious for inflicted injury.
The mother and stepfather opposed the motion, seeking the return of the children and offering an alternative explanation for the bruising.
The court found the society's evidence credible and trustworthy, concluding there were reasonable grounds to believe the children would be at risk of harm if returned to the mother and stepfather.
The court granted the society's motion for temporary care and custody with the father.
