The Children's Aid Society brought a motion for summary judgment seeking a finding that the child was in need of protection under s. 74(2)(a) and (b) of the CYFSA and a supervision order.
The mother opposed the motion.
The court dismissed the motion, finding that the Society's evidence fell short of the high standard required to establish no genuine issue for trial regarding physical harm or risk of physical harm.
The court also considered alternative protection findings but concluded none were appropriate for summary judgment, noting that a criminal no-contact order was preventing reunification efforts.
