The applicant children's aid society brought a motion for summary judgment seeking Crown wardship of a child with complex medical needs.
The child was apprehended after the father, who had primary care, was arrested for domestic assault and exhibited untreated mental health issues.
The child's health had significantly deteriorated in the father's care but stabilized in foster care.
The mother sought placement of the child with her, but the court noted her history of instability, daily marijuana use, and the child's medical requirements.
The court found no genuine issue for trial, determining the child was in need of protection and ordering Crown wardship with access to the mother at the society's discretion.