In a child protection proceeding under the Child and Family Services Act, the applicant society brought a motion for summary judgment seeking findings that two children were in need of protection and an order for Crown wardship without access.
The responding mother filed no materials and failed to attend court, while the father had been noted in default.
The court reviewed extensive affidavit evidence including a parenting capacity assessment identifying significant parenting deficits, mental health concerns, instability, and the children’s ongoing special needs.
Applying Rule 16 of the Family Law Rules and the best interests criteria under the Child and Family Services Act, the court concluded there was no genuine issue requiring a trial and that no less intrusive disposition could adequately protect the children.
The motion was granted, the children were made Crown wards without parental access, and sibling contact was ordered to continue pending adoption.
