The Children's Aid Society brought a motion for summary judgment seeking a finding that two children were in need of protection and an order granting custody to the mother with supervised access for the father.
The father opposed the motion, arguing he should be allowed to defend a pending criminal trial first and that there were genuine issues of credibility requiring a trial.
The court found no genuine issue requiring a trial, noting the father failed to provide sufficient evidence to counter the Society's case.
The court granted summary judgment, finding the children in need of protection due to exposure to parental conflict, and ordered custody to the mother with supervised access for the father.
