In a child protection status review, the biological father (E.J.) brought a motion for summary judgment seeking primary care and custody of two children, S.J.M. and L.J. The Children's Aid Society and Six Nations Child and Family Services supported the father's request, while the biological mother (S.M.) opposed it, seeking the children's return to her care.
The court granted the father's motion for custody, finding no genuine issue for trial regarding placement, as the mother had not demonstrated sufficient insight or responsibility for past protection concerns.
However, the court determined that the issue of the mother's access with the children presented a genuine issue for trial and ordered it to be set for a trial management conference.
