Tara MacDougall

The maternal grandparents of two Crown wards brought a motion for leave under s. 65.1(5) of the Child and Family Services Act to bring a status review application.

The children had been in care for over four years, and the children's aid society had recently identified an adoptive family and was preparing to place the children for adoption.

The court applied the five-part test for granting leave and found that the grandparents failed to demonstrate unusual circumstances or a prima facie case that a status review would result in the children being placed in their care.

The court emphasized the children's need for permanency and stability, and dismissed the motion for leave.

The Children's Aid Society brought a summary judgment motion seeking Crown wardship for a 15-year-old child and a custody order to the paternal grandmother for a 14-year-old child.

The children were apprehended due to physical altercations and parent-child conflict.

The mother ultimately did not oppose the Crown wardship but sought conditions on access, and initially contested the custody order for the younger child.

The court found no genuine issue requiring a trial, determined the children were in need of protection, and granted the Society's motion, ordering Crown wardship for the older child and custody to the paternal grandmother for the younger child.