In a child protection status review application, the Children's Aid Society brought a motion for summary judgment seeking custody of a child who had suffered serious unexplained injuries at two months of age.
The child had been in foster care and subsequently in the care of paternal grandparents under a supervision order.
The biological mother opposed the motion, arguing that counselling she had undertaken created a genuine issue for trial regarding her ability to care for the child.
The court found that the unexplained injuries, combined with the mother's lack of insight, ongoing lack of cooperation with the Society, and the conclusions of a parenting capacity assessment, established an ongoing need for protection.
The court granted summary judgment, placing the child in the custody of the paternal grandparents with supervised access for the mother.
