S.St.C. v. S.C.

S.St.C. v. S.C.

Although the Director has statutory standing to participate in adoption proceedings, a non-party seeking to appeal requires the Court's discretion to grant leave unless the statute expressly confers an appeal as of right; where children are involved the primary factors are the nature of the applicant's interest and the child's best interests; leave was refused because the Director's office had directed the adoptive parents to proceed privately, the proposed appeal would harm the child's best interests, would not address internal administrative failings that caused the problem, and would constitute an abuse of process.

Citation
2017 YKCA 7
Parties
Adoptive Parent / Petitioner: S.St.C.; Adoptive Parent / Petitioner: C.C.; Respondent / Natural Parent: S.C.; Respondent / Natural Parent: S.P.; Applicant / Appellant: Director of Family and Children's Services
Court
Yukon Court of Appeal
Jurisdiction
Canada
Judgment Date
15 June 2017
Procedural Posture
Appeal and Application for Leave to Set Aside Adoption Order / Court of Appeal Decision on Application for Leave to Appeal (leave Refused)
Outcome
Leave to appeal refused
Legal Topics
Standing, Leave to Appeal for Non Parties, Best Interests of the Child, Statutory Interpretation, Abuse of Process
Source Language
English
Family Law Adoption Law Administrative Law Appellate Procedure Standing Leave to Appeal for Non Parties Best Interests of the Child Statutory Interpretation +1 more

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Parties

S.St.C.

Adoptive Parent / Petitioner

C.C.

Adoptive Parent / Petitioner

S.C.

Respondent / Natural Parent

S.P.

Respondent / Natural Parent

Director of Family and Children's Services

Applicant / Appellant

Procedural Posture

Appeal and Application for Leave to Set Aside Adoption Order / Court of Appeal Decision on Application for Leave to Appeal (leave Refused)

Legal Issues

  1. 1 Whether the Director has standing to appear and appeal
  2. 2 Whether a non-party Director has an automatic right of appeal or requires leave
  3. 3 What factors govern leave where a non-party seeks to appeal involving a child

Ratio Decidendi

Although the Director has statutory standing to participate in adoption proceedings, a non-party seeking to appeal requires the Court's discretion to grant leave unless the statute expressly confers an appeal as of right; where children are involved the primary factors are the nature of the applicant's interest and the child's best interests; leave was refused because the Director's office had directed the adoptive parents to proceed privately, the proposed appeal would harm the child's best interests, would not address internal administrative failings that caused the problem, and would constitute an abuse of process.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal refused