The appellant mother appealed a summary judgment order granting Crown wardship without access, arguing that the admission of hearsay, opinion, and business records evidence violated section 7 of the Charter.
The Court of Appeal dismissed the appeal, noting that the Family Law Rules do not prohibit hearsay on summary judgment motions and the mother had consented to the protection finding without objecting to the evidence below.
The court found that admissible evidence and the mother's own admissions justified the disposition, as she had not presented an adequate plan for the care of the children, leaving no genuine issue requiring a trial.
