S. James Mountford

The Catholic Children's Aid Society of Hamilton brought a motion for summary judgment seeking an order of Crown wardship with no access for an eight-month-old child.

The parents, who both have profound cognitive delays, opposed the motion and sought to have the child returned to their care or placed with the maternal grandparents.

Relying on a previous parenting capacity assessment and current evidence of the parents' inability to safely care for the child, the court found no genuine issue for trial.

The court granted the motion, finding the child in need of protection and ordering Crown wardship with no access for the purpose of adoption.

The applicant children's aid society sought a finding that four children were in need of protection and an order for Crown wardship without access for the purposes of adoption.

The children had been apprehended due to severe neglect, hazardous living conditions, and exposure to domestic violence.

The respondent mother, who suffered from untreated complex post-traumatic stress disorder, sought the return of the children under a supervision order.

The court found the children in need of protection and ordered Crown wardship without access, concluding that the mother's unresolved trauma prevented her from safely parenting the children and that access would not be beneficial and could impair adoption opportunities.