In a summary judgment proceeding in a child protection case, is a bald allegation as to the existence of a parent-child relationship insufficient to raise a genuine issue for trial?

Ontario, Canada


The following excerpt is from Catholic Children's Aid Society of Hamilton v. B.(M.), 2007 CanLII 19611 (ON SC):

[52] In the summary judgment process in a child protection case, a responding party has moved beyond mere allegations and set forth facts in sufficient detail to show a genuine issue of trial. Therefore a bald allegation as to the existence of a parent-child relationship, in the absence of factual detail, is insufficient to raise a genuine issue for trial. Bruvels v. Guidon (2000), 2000 CanLII 22572 (ON SC), 5 R.F.L. (5th) 27, [2000] O.J. No. 558, [2000] O.T.C. 3, 2000 Cars­well­Ont 539 (Ont. Fam. Ct.).

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