A.M. c. Valoris Pour Enfants et Adultes de Prescott-Russell

A.M. c. Valoris Pour Enfants et Adultes de Prescott-Russell

The Court of Appeal held the motion judge reasonably concluded that adding the mother in view of adoption as a party was necessary to further the child’s best interests; the Divisional Court erred by unduly narrowing the motion judge’s discretionary power and substituting its view without finding a manifest error of...

Source-derived case information.

Citation
2017 ONCA 601
Parties
Appellant: A.M.; Respondent: Valoris pour enfants et adultes de Prescott-Russell; Respondent: S-M.N.; Respondent: S.G.; Respondent: C.P.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
13 July 2017
Procedural Posture
Child Protection Appeal / Appeal to Court of Appeal
Outcome
Appeal allowed; order of motion judge restored
Legal Topics
Joinder/party Status, Best Interests of the Child, Discretionary Relief, Participation Rights of Foster/adoptive Caregivers
Source Language
fr
Family Law Child Protection Adoption Law Joinder/party Status Best Interests of the Child Discretionary Relief Participation Rights of Foster/adoptive Caregivers

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

A.M.

Appellant

Valoris pour enfants et adultes de Prescott-Russell

Respondent

S-M.N.

Respondent

S.G.

Respondent

C.P.

Respondent

Procedural Posture

Child Protection Appeal / Appeal to Court of Appeal

  1. 1 Whether a foster parent in view of adoption may be joined as a party in child protection proceedings
  2. 2 Proper exercise of judicial discretion to add parties in protection proceedings
  3. 3 Whether Divisional Court erred in substituting its view for motion judge on discretionary joinder

Ratio Decidendi

The Court of Appeal held the motion judge reasonably concluded that adding the mother in view of adoption as a party was necessary to further the child’s best interests; the Divisional Court erred by unduly narrowing the motion judge’s discretionary power and substituting its view without finding a manifest error of law or discretion.

Court Disposition

Appeal allowed; order of motion judge restored

Orders

  • Appeal allowed
  • Order restored recognizing the mother in view of adoption as a party to the child protection proceeding