Thomas Sosa

The Children's Aid Society of Toronto brought a summary judgment motion seeking a final order of crown wardship without access for the purposes of adoption of a child born in 2013 to parents with significant histories of drug addiction.

The parents opposed the motion, arguing there was a genuine issue requiring a trial.

The court found that while the parents had struggled with addiction and the mother had only recently made progress in treatment and recovery, the question of whether the mother had genuinely turned the corner on her addiction was a material fact requiring further evidence.

The court declined to grant summary judgment and instead ordered a mini-trial under the amended Rule 16 to determine whether there was a genuine issue requiring a full trial.

This is a status review application concerning a child apprehended at birth due to parental concerns including domestic violence, substance abuse, intellectual and developmental delays, and allegations of sexual assault by the father.

The Catholic Children's Aid Society sought Crown wardship for adoption purposes.

The mother sought the child's return under a supervision order.

The court found that the mother's extremely low intelligence (IQ 57), poor judgment, inability to work cooperatively with the Society, and pattern of dishonesty made her unsuitable as a primary caregiver.

The court rejected the mother's proposed plan with her fiancé as inadequate.

Crown wardship for adoption was ordered without access.