Nova Scotia (Health) v. G.H.C.

Nova Scotia (Health) v. G.H.C.

The court granted leave to add B. C. as a party because the family has a significant, personal interest in the nature and extent of the Minister's intervention, their involvement would not prejudice the Minister, Rule 35 and the paramountcy of the adult's welfare require interested persons with differing perspectives to be before the court to determine whether the adult continues to need protection and whether the Minister's placement is in his best interests.

Citation
2009 NSSC 393
Parties
Petitioner/applicant: Minister of Health (Nova Scotia); Respondent/adult in Need of Protection: G. H. C.; Guardian Ad Litem: Guy Arsenault; Interested Family Member/added Party: B. C.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 December 2009
Procedural Posture
Adult Protection Application Under the Nova Scotia Adult Protection Act / Contested Pre Trial/leave Application Granted to Add Party; Full Hearing Scheduled January 18 and 22, 2010
Outcome
Application to add B. C. as a party allowed; leave granted to join B. C.; full contested hearing scheduled; other substantive motions deferred.
Legal Topics
Capacity to Make Decisions, Placement of Vulnerable Adult, Guardian Ad Litem, Standing/party Joinder, Best Interests of Adult, Statutory Interpretation
Source Language
English
Adult Protection Act Health Law Family Law Civil Procedure Capacity to Make Decisions Placement of Vulnerable Adult Guardian Ad Litem Standing/party Joinder +2 more

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Parties

Minister of Health (Nova Scotia)

Petitioner/applicant

G. H. C.

Respondent/adult in Need of Protection

Guy Arsenault

Guardian Ad Litem

B. C.

Interested Family Member/added Party

Procedural Posture

Adult Protection Application Under the Nova Scotia Adult Protection Act / Contested Pre Trial/leave Application Granted to Add Party; Full Hearing Scheduled January 18 and 22, 2010

Legal Issues

  1. 1 Whether the adult continues to be an adult in need of protection under the Act
  2. 2 Whether a family member (B. C.) should be joined as a party/have standing to contest placement
  3. 3 Whether the Minister's placement decision is in the adult's best interests

Ratio Decidendi

The court granted leave to add B. C. as a party because the family has a significant, personal interest in the nature and extent of the Minister's intervention, their involvement would not prejudice the Minister, Rule 35 and the paramountcy of the adult's welfare require interested persons with differing perspectives to be before the court to determine whether the adult continues to need protection and whether the Minister's placement is in his best interests.

Court Disposition

Application to add B. C. as a party allowed; leave granted to join B. C.; full contested hearing scheduled; other substantive motions deferred.

Orders

  • B. C. is added as a party to the proceeding
  • The application for leave (by Mr. C.) was granted with reasons deferred