The parents (P.N.R. and K.R.) appealed a summary judgment finding that their children were in need of protection due to physical harm, as determined by a motions judge.
The appeal raised issues regarding fresh evidence, the legal test for physical harm, the application of summary judgment rules, and procedural fairness.
The court dismissed the appeal, affirming the original finding that the children had suffered physical harm.
It found no error in the motions judge's application of the law, including the standard for physical harm and the use of summary judgment powers to weigh evidence and assess credibility.
The court also rejected claims of procedural unfairness and ineffective counsel.
