The Children's Aid Society of Toronto brought a motion seeking temporary care and custody of an infant (A.S.) under Part III of the Child and Family Services Act.
The society relied on a SCAN (Suspected Child Abuse and Neglect) report indicating suspected inflicted injuries, including a lip laceration and rib fracture.
The parents opposed the motion and sought return of the child to their care.
The court found that the society failed to establish reasonable grounds to believe the child was at risk of harm in the parents' care.
The court emphasized that the SCAN opinion, while one piece of evidence, could not be the sole basis for the society's belief about risk.
The court found the parents to be credible, caring, and cooperative, with no evidence of abuse or neglect.
The motion was dismissed and the child was ordered returned to the parents' care.