2 total
Order revised to specify statutory grounds for child protection finding; access resolved by consent.
In supplementary reasons following a summary judgment for Crown wardship, the court revised its order to reflect that the parties' consent to finding the children in need of protection applied only to sections 37(2)(b)(i) and (ii) of the Act.
The mother's motion to adjourn the access trial was dismissed.
The access trial did not proceed as the parties filed a consent resolving the issue.
Summary judgment granted for Crown wardship of two children, but trial ordered on mother's access.
The applicant Society brought a motion for summary judgment seeking to have two children found in need of protection and made Crown wards with no access for the purpose of adoption.
The respondent mother consented to the finding that the children were in need of protection.
The court found no genuine issue for trial regarding the disposition of Crown wardship, given the mother's history of transience, substance abuse, and inability to adequately care for the children.
However, the court found a genuine issue for trial regarding whether the mother should have access to the children, noting her recent rehabilitation efforts and the children's attachment to her.
The motion was granted in part, with Crown wardship ordered and a trial directed on the issue of access.
