Case v. Case
The Court allowed the appeal, holding that the parens patriae order was inconsistent with this court's decision in A.C.B. v. R.B. and must be set aside; the appropriate remedy was to confirm the standard form order made by the Superior Court on April 29, 2010.
Source-derived case information.
- Citation
- 2011 ONCA 166
- Parties
- Applicant (respondent): Penelope Mara Case; Respondent (respondent): Craig Andrew Case; Appellant: The Children’s Lawyer
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 3 March 2011
- Procedural Posture
- Family / Appeal From Superior Court Order
- Outcome
- Appeal allowed; parens patriae order set aside; standard form order confirmed.
- Legal Topics
- Child Protection, Parens Patriae Order, Standard Form Order, Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Penelope Mara Case
Applicant (respondent)
Craig Andrew Case
Respondent (respondent)
The Children’s Lawyer
Appellant
Procedural Posture
Family / Appeal From Superior Court Order
Legal Issues
- 1 Whether the parens patriae order made by the Superior Court was valid in light of A.C.B. v. R.B.
- 2 Whether the Court of Appeal should set aside the parens patriae order and confirm the standard form order
- 3 Application of appellate precedent to child welfare orders
Ratio Decidendi
The Court allowed the appeal, holding that the parens patriae order was inconsistent with this court's decision in A.C.B. v. R.B. and must be set aside; the appropriate remedy was to confirm the standard form order made by the Superior Court on April 29, 2010.
Court Disposition
Appeal allowed; parens patriae order set aside; standard form order confirmed.
Orders
- Allow the appeal
- Set aside the parens patriae order of Paisley J. dated April 29, 2010
Full Case Text
Judgment text and source record
1 paragraphs
Case v. Case Collection Decisions of the Court of Appeal Date 2011-03-03 Neutral citation 2011 ONCA 166 Docket numbers C52149 Judges MacPherson, James C.; MacFarland, Jean Louise; Epstein, Gloria Jean Subject Family Decision Content CITATION: Case v. Case, 2011 ONCA 166 DATE: 20110303 DOCKET: C52149 COURT OF APPEAL FOR ONTARIO MacPherson, MacFarland and Epstein JJ.A. BETWEEN Penelope Mara Case Applicant (Respondent) and Craig Andrew Case Respondent (Respondent) and The Children’s Lawyer Appellant Martha Héder, for the appellant No one appearing for the respondents Heard: March 1, 2011 (in writing) On appeal from the order of Justice Victor Paisley of the Superior Court of Justice dated April 29, 2010. ENDORSEMENT [1] In accordance with the reasons of this court in A.C.B. v. R.B., 2010 ONCA 714, the appeal is allowed, the parens patriae order of Paisley J. dated April 29, 2010 is set aside, and the standard form order made by Paisley J. on the same date is confirmed. “J. C. MacPherson J.A.” “J. MacFarland J.A.” “Gloria Epstein J.A.”