What is the evidentiary standard for a summary judgment motion in a child protection case?

The court should not give weight to evidence on a summary judgment motion that would be inadmissible at trial. There is no justification for a lower evidentiary standard for these motions. Kawartha, above at paragraph 78. As stated by Justice Sherr in C.A.S. of Toronto v. B.B., 2012 ONCJ 646 as quoted in C.A.S. of Brant, above, at paragraph 14, “The consequences of the orders sought at summary judgment motions on families in child protection cases are profound. These important decisions should not be based on flawed evidence…summary judgment is designed to winnow out cases that have no chance of success. It is not an invitation to water down the rules of evidence in order to make a determination.” Application