The Children's Aid Society of Ottawa brought a motion for summary judgment under Rule 16 of the Family Law Rules in an Amended Status Review Application concerning the child H.L. The Society sought a final order granting custody to the child's kin, with the father having discretionary access and the mother's access to be determined after mediation.
The respondent mother resisted, seeking the child's return to her care.
The court granted summary judgment, finding no genuine issue requiring a trial, as the mother's recent sobriety efforts were insufficient to warrant a return to her care or delay the decision, prioritizing the child's best interests and stability in the kin placement.
