Renee Roy

The Catholic Children's Aid Society of Hamilton brought a motion for summary judgment in a child protection proceeding involving three children.

The Society sought a custody order placing the oldest child with her biological father in Alberta, and Crown wardship with no access for the two younger children.

The mother and the father of the younger children opposed the motion, seeking a trial and the eventual return of the children to their care.

The court found that the parents had profound and unresolved issues including mental health struggles, substance abuse, and domestic violence, and had failed to make meaningful progress.

The court granted summary judgment, finding no genuine issue requiring a trial.

The oldest child was placed in her father's custody, and the younger children were made Crown wards with no access, as the parents failed to establish that access would be beneficial and meaningful or that it would not impair future opportunities for adoption.

The respondent mother brought a motion for interim child and spousal support, alleging the applicant father was intentionally unemployed or underemployed and seeking to impute his income at $386,000.

The applicant claimed his businesses had failed and he was receiving Ontario Works.

The court found the applicant had earned at least $111,000 in 2012 and imputed his income at $125,000 on an interim basis, noting his intentional unemployment and significant unexplained deposits.

The court ordered the applicant to pay interim child support, outstanding tuition fees, and established the respondent's entitlement to interim spousal support.