C.M. v. Nova Scotia (Community Services)

C.M. v. Nova Scotia (Community Services)

The court granted the maternal grandparents standing to be added as parties because they established compelling circumstances: lack of knowledge of the permanent care order until months after it was made, ongoing contact with the child and sibling, a viable placement plan, and no identified reason by the Minister why placement with them would be inappropriate; granting standing would not produce significant additional delay to permanency because the mother's termination application already placed the Minister's placement discretion on hold and the child's best interests favored allowing the grandparents to be heard.

Citation
2011 NSSC 222
Parties
Applicant/respondent (mother Seeking Termination of Permanent Care): C.M.; Respondent/applicant (agency Respondent to Termination Application): Minister of Community Services; Applicants (maternal Grandparents Seeking Party Status/joinder): A.M. and P.M.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 June 2011
Procedural Posture
Application to Terminate Order for Permanent Care and Custody and Motion for Joinder/standing Under the Children and Family Services Act / Hearing on Motion for Standing; Termination Hearing Scheduled for June 21, 2011
Outcome
Maternal grandparents' motion for standing granted; grandparents added as parties to the termination proceeding
Legal Topics
Standing/joinder, Termination of Permanent Care Order, Best Interests of the Child, Agency Placement Decisions, Leave to Apply, Procedural Delay
Source Language
English
Family Law Child Protection Adoption Administrative Law Standing/joinder Termination of Permanent Care Order Best Interests of the Child Agency Placement Decisions +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

C.M.

Applicant/respondent (mother Seeking Termination of Permanent Care)

Minister of Community Services

Respondent/applicant (agency Respondent to Termination Application)

A.M. and P.M.

Applicants (maternal Grandparents Seeking Party Status/joinder)

Procedural Posture

Application to Terminate Order for Permanent Care and Custody and Motion for Joinder/standing Under the Children and Family Services Act / Hearing on Motion for Standing; Termination Hearing Scheduled for June 21, 2011

Legal Issues

  1. 1 Whether maternal grandparents who were not parties to the original proceeding should be granted standing/party status under s.36(1)(f) and Rule 5.09
  2. 2 Whether the grandparents meet the more stringent 'compelling circumstances' test applicable post‑permanent care order for joinder and leave to apply to terminate a permanent care order
  3. 3 Whether granting standing would cause unacceptable delay to permanency for the child and thereby undermine the child's best interests

Ratio Decidendi

The court granted the maternal grandparents standing to be added as parties because they established compelling circumstances: lack of knowledge of the permanent care order until months after it was made, ongoing contact with the child and sibling, a viable placement plan, and no identified reason by the Minister why placement with them would be inappropriate; granting standing would not produce significant additional delay to permanency because the mother's termination application already placed the Minister's placement discretion on hold and the child's best interests favored allowing the grandparents to be heard.

Court Disposition

Maternal grandparents' motion for standing granted; grandparents added as parties to the termination proceeding

Orders

  • Motion for standing granted; A.M. and P.M. to be added as parties to the termination proceeding
  • No placement order made by this motion; termination hearing to proceed as scheduled (June 21, 2011)