The children's aid society brought a motion for summary judgment in a status review application, seeking to place the child in the permanent custody of the paternal aunt with access to the mother.
The mother opposed the motion, seeking the return of the child to her care.
The court found no genuine issue requiring a trial regarding custody, as the mother's history of housing instability, contentious relationships involving domestic violence, and mental health concerns demonstrated she could not safely parent the child.
Custody was granted to the aunt.
However, the court found a genuine issue for trial regarding the mother's access, as the society's proposed access schedule was not consented to and required further factual determination.
