In a child protection proceeding under the Child and Family Services Act, the Children’s Aid Society sought summary judgment making three children Crown wards without parental access.
The court considered Rule 16 of the Family Law Rules governing summary judgment and the statutory requirements for access to Crown wards under s. 59(2.1) of the Act.
Evidence demonstrated a long history of child protection involvement, sexual abuse by the father resulting in incarceration, and expert assessments indicating the mother lacked capacity to meet the children’s needs.
The court found no genuine issue requiring a trial and concluded that parental access would impair the children’s prospects for adoption.
Summary judgment was granted making the children Crown wards with sibling access but without parental access.
