The father appealed and the Children's Aid Society cross-appealed a motion judge's decision on a summary judgment motion for Crown Wardship.
The motion judge had found a triable issue regarding the mother but effectively granted summary judgment against the father, limiting his participation at trial.
On appeal, the Superior Court found the motion judge erred in law by failing to properly apply the summary judgment test, instead dismissing the motion to give the mother a 'last chance' to improve her parenting.
The court allowed the Society's cross-appeal, set aside the motion judge's decision, and granted summary judgment for Crown Wardship without access to either parent.
