A parent appealed an order granting Crown wardship without access that had been granted on a summary judgment motion.
The court found the trial judge erred by proceeding when the parent had recently lost appointed counsel and had been unable, despite efforts, to secure replacement counsel in time for the hearing.
The court held that the seriousness of permanently severing the parent‑child relationship required a full hearing with witnesses subject to cross‑examination, and that summary judgment was inappropriate in the circumstances.
The denial of an opportunity to be heard constituted a palpable and overriding error.
The appeal was allowed, the wardship order set aside, and the matter remitted to the Ontario Court of Justice for further case management.
