The Children's Aid Society of Ottawa-Carleton brought a motion for summary judgment seeking extended society care for two children, F.M.-C. and L.M., and findings of need of protection.
The mother, supported by the father and maternal grandparents, opposed the motion, arguing that there were genuine issues requiring a trial, including her progress in addressing Society concerns and the improper admission of evidence as business records.
The court dismissed the Society's motion, finding that there were genuine issues requiring a trial for both children, particularly regarding the mother's progress in addressing homelessness, substance use, and mental health, and the admissibility of the Society's evidentiary record.
The court emphasized the cautious approach required for summary judgment in child protection cases due to the high stakes and Charter rights involved.