The Office of the Children’s Lawyer brought a motion to quash an appeal from a child protection decision granting Crown wardship, or alternatively for summary judgment dismissing the appeal.
The appellant parent challenged the motion judge’s findings of fact and alleged inaccuracies in the Society’s evidence but identified no specific errors of law.
The court held that while the appeal was not manifestly devoid of merit such that it should be quashed, the evidentiary record overwhelmingly supported the motion judge’s findings and no palpable and overriding error was identified.
Applying the summary judgment standard for appeals under the Family Law Rules, the court concluded it was plain and obvious that the appeal could not succeed.
Summary judgment dismissing the appeal was granted.
