Motion for summary judgment in a child protection proceeding under the Child, Youth and Family Services Act, 2017.
The applicant Society sought preliminary findings regarding the child's First Nations status, protection findings under section 74(2)(b)(i), and an order for extended care with no access.
The court dismissed the motion for summary judgment, finding insufficient evidence and procedural deficiencies.
The court emphasized the Society's failure to make timely inquiries regarding the child's First Nations status and native community identification, contrary to section 90(2) of the CYFSA.
The court also found the Society's evidence regarding the parents' ability to care for the medically fragile child to be inadequate, lacking sufficient detail and failing to demonstrate that the Society had provided individually appropriate services to address protection concerns.
