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

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

The Court allowed the appeal restoring the motion judge's order recognizing the foster mother’s status but refused to award costs because the applicant did not demonstrate the exceptional circumstances required to displace the presumption against costs in child protection matters and the agency's decision to appeal...

Source-derived case information.

Citation
2017 ONCA 818
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
25 October 2017
Procedural Posture
Appeal Under Child and Family Services Act (child Protection) / Costs Determination on Appeal; Merits Restored
Outcome
Appeal allowed; motion judge's order recognizing foster mother restored; no costs awarded.
Legal Topics
Party Status, Intervention, Costs, Appeal of Interlocutory Order
Source Language
fr
Family Law Child Protection Appellate Procedure Costs Party Status Intervention Appeal of Interlocutory Order

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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

Appeal Under Child and Family Services Act (child Protection) / Costs Determination on Appeal; Merits Restored

  1. 1 Whether costs should be awarded against a child welfare agency in child protection proceedings
  2. 2 Whether the foster mother should be recognized as a party with status in the child protection proceeding
  3. 3 Whether the agency's appeal constituted exceptional conduct justifying an award of costs

Ratio Decidendi

The Court allowed the appeal restoring the motion judge's order recognizing the foster mother’s status but refused to award costs because the applicant did not demonstrate the exceptional circumstances required to displace the presumption against costs in child protection matters and the agency's decision to appeal was not unfair or otherwise sufficient to justify costs.

Court Disposition

Appeal allowed; motion judge's order recognizing foster mother restored; no costs awarded.

Orders

  • Restore the motion judge's order recognizing A.M. as a party with the status sought in the child protection proceeding.
  • No costs awarded in respect of the appeal.