The mother appealed a decision dismissing the Children's Aid Society's motion for leave to withdraw its child protection application.
The Society had sought to withdraw the application as there were no ongoing protection concerns and all parties consented.
The motion judge dismissed the request, focusing on parallel domestic custody proceedings.
The Superior Court granted the appeal, finding the motion judge made palpable and overriding errors by failing to consider the uncontradicted evidence of no protection concerns, the consent of the parties, and the reasons for withdrawal.
The motion for leave to withdraw the protection application was granted.
