A motion for summary judgment regarding custody and access of two children whose mother died.
The maternal grandparents and maternal uncle and aunt sought joint custody with limited access for the biological father.
The father opposed the motion and sought sole custody with the children relocating to Ottawa.
The court granted summary judgment in favour of the respondents, finding that the unchallenged evidence established no genuine issue requiring trial.
The children had resided with the maternal grandparents for ten years in a stable environment.
The father had minimal involvement post-separation, failed to pay child support, and presented an unstructured care plan.
The children's preferences were to remain in Oakville with their maternal family.
Joint custody was awarded to the grandparents and uncle/aunt with limited monthly access for the father.