The Simcoe Muskoka Child, Youth and Family Services Society brought a motion for summary judgment seeking protection findings and disposition orders for three children.
The eldest child, M.W.W., disclosed sexual abuse by her stepfather, C.M., who was a respondent and self-represented.
The motion addressed C.M.'s procedural challenges regarding the Society's affidavit of documents and the admissibility of M.W.W.'s hearsay evidence.
The court admitted the hearsay evidence under the R. v. Khan test, found M.W.W. in need of protection due to sexual abuse, and the younger children (M.M. and W.M.) at risk of sexual abuse.
Deemed custody was granted to the mother, with no parenting time for C.M. with M.W.W., and supervised parenting time with the younger children contingent on C.M. completing a sexual offender risk assessment.
