In a child protection proceeding under the Child and Family Services Act, the Society brought a motion for summary judgment seeking a finding that the child was in need of protection and an order for Society wardship for six months.
The evidence demonstrated significant parent-child conflict, the child’s refusal to have contact with the mother, and prior sexual abuse occurring after the mother allowed an adult male to reside in the home and share a bedroom with the child.
The court found there was no genuine issue requiring a trial, as the material facts were largely undisputed and the mother failed to rebut the Society’s prima facie case.
The court concluded that the child was in need of protection under ss. 37(2)(c), (f), and (g) of the CFSA and that continued Society care best served the child’s interests.
Summary judgment was granted and Society wardship ordered for six months.
