The applicant maternal grandmother sought an order under s. 81(4) of the Child, Youth and Family Services Act (CYFSA) to have her granddaughter brought before the court for child protection, alleging the child was not adequately protected in her father's care.
The court found reasonable and probable grounds to believe the child was in need of protection due to a pattern of neglect by the father and that court intervention under the CYFSA was necessary, as protection could not be adequately achieved through existing Children's Law Reform Act (CLRA) proceedings.
The court ordered that the threshold tests for a protection application were met, an Office of the Children's Lawyer (OCL) order be made, and the CLRA proceedings be stayed.