What is the legal test for summary judgment in a child protection case?
Ontario, Canada
The following excerpt is from L.M. v. The Children's Aid Society of the Region of Peel, Office of the Children's Lawyer, 2019 ONSC 1566 (CanLII):
Kawartha left in place the principle that courts should be very cautious in granting summary judgment in child protection cases since the stakes for the family are so high, and the granting of summary judgment deprives the parent of his or her full day in court and the procedural safeguard of cross-examination of witnesses before a judge (see CR v. Children’s Aid Society, 2013 ONSC 1357 (CanLII).[3]
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