What is the test for a summary judgment order in a child protection case?
Ontario, Canada
The following excerpt is from Children's Aid Society of the County of Simcoe v. N. B. W., 2005 CanLII 1492 (ON SC):
The serious nature of child protection intervention is indisputable. Rule 2(3) of the Family Law Rules (which apply to child protection proceedings) states that dealing with cases justly includes ensuring that the procedure is fair to all parties. Rule 16(1), however, permits a party to move for summary judgment for a final order without a trial. Rule 16(6) provides that if there is no genuine issue requiring a trial of a claim or defence, the court “shall” make a final order. The burden is on the moving party to satisfy the court, on a balance of probabilities, that the requirements of the Rule have been met: Crawford v. Crawford, [2000] O.J. No. 4746 (S.C.J.). .
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