Niagara Region's Children's Aid Society facing $750,000 lawsuit

The family of a 13 month old Thorold boy who died after he was placed in  his grandfather's care has launched a $750,000 lawsuit against the Niagara Region's Children's Aid Society.

Kody Smart died on July 26th, 2015, from a head injury, just two months after he was placed in his grandfather's care.

39 year old Brian Matthews will go on trial this fall on a manslaughter charge.

Kody's parents, his paternal and maternal grandmother are seeking $150,000 each in damages under the Family Law Act.

According to a report in the Toronto Sun, the family contends the Children's Aid Society awarded Matthews custody, even though the agency knew Matthews had been convicted of abusing his son Brett,  Kody's father, when he was just six months old.

None of the allegations in the lawsuit have been proven in court.