The appellant mother appealed the decision of the Ontario Superior Court, which had upheld a motion judge's order making three young children Crown wards (now called extended society care) without access to the mother under the Child and Family Services Act.
The appeal judge applied the wrong legislation (CFSA instead of CYFSA) and the wrong summary judgment principles.
The Court of Appeal allowed the appeal in part, confirming the extended society care order but granting the mother access to the children.
The court found that the motion judge's factual findings regarding the mother's inability to adequately care for the children were sound, but the denial of access was based on improper judicial notice and unsupported assumptions about adoption prospects.
The nature and extent of access were remanded to the Ontario Court of Justice.
