In a child protection status review application, the Society brought a summary judgment motion seeking a custody order placing two children with the maternal grandfather and his life partner under s. 57.1 of the Child and Family Services Act, together with continued supervised access for the mother and maternal grandmother.
The court held there was no genuine issue requiring a trial under Rule 16 of the Family Law Rules, relying on the existing evidentiary record, prior findings, and evidence that the children had thrived in the proposed placement.
The court found the children were no longer in need of protection in that placement and that permanency and stability favoured a final order.
Access remained meaningful and beneficial, but supervision by the Society was continued in the children's best interests.
