The appellants appealed a summary judgment order placing their two children in the extended care of the Children's Aid Society for adoption with no access.
The Divisional Court allowed the appeal, finding the motion judge erred in two respects.
First, the motion judge improperly relied on inadmissible double hearsay evidence to conclude the parents were drug impaired.
Second, the motion judge applied the outdated legal test for access by presuming against access and placing the onus on the parents, failing to apply the new best interests test under the Child, Youth and Family Services Act, 2017.
The matter was remitted for trial.
