The Family and Children Services of St. Thomas and Elgin brought a summary judgment motion to terminate an existing supervision order for the child, T., arguing she was no longer in need of protection.
Both parents, B.M. and D.O., opposed the termination, each seeking primary decision-making authority for T. The court dismissed the Society's motion, finding that a genuine issue for trial existed regarding T.'s continued need for protection due to the parents' ongoing high conflict and its negative emotional impact on the child, as evidenced by T.'s distress and withdrawal during parental arguments.
The court emphasized that the Society's withdrawal would likely exacerbate parental conflict over major decisions, such as T.'s schooling and medication, which would not be in the child's best interests.
