Ross, Barrett & Scott et al. v. A.S., (1995) 139 N.S.R.(2d) 383 (CA)

• Judge: Matthews, Jones and Pugsley, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: February 01, 1995
• Jurisdiction: Nova Scotia
• Citations: (1995), 139 N.S.R.(2d) 383 (CA)

Ross, Barrett & Scott v. A.S. (1995), 139 N.S.R.(2d) 383 (CA);

  397 A.P.R. 383

MLB headnote and full text

Trevor Townsend, guardian ad litem for the child A.S. (appellant) v. Ross, Barrett & Scott and Gillis and Walden (respondents)

(C.A. No. 109341)

Indexed As: Ross, Barrett & Scott et al. v. A.S.

Nova Scotia Court of Appeal

Matthews, Jones and Pugsley, JJ.A.

February 14, 1995.

Summary:

A law firm provided legal services to a child pursuant to the Children and Family Services Act (N.S.). Their account for ser­vices was taxed. The law firm appealed.

The Nova Scotia Supreme Court, in a decision reported 136 N.S.R.(2d) 9; 388 A.P.R. 9, allowed the appeal, and remitted the matter to the Taxing Master. The child's guardian ad litem, an employee of the De­partment of Community Services, appealed.

The Nova Scotia Court of Appeal allowed the appeal and set aside the trial judge's decision.

Guardian and Ward - Topic 808

Public trustee or guardian - Liability for lawyer's fees - [See Statutes - Topic 5367 ].

Statutes - Topic 5367

Operation and effect - Delegated legisla­tion - Regulations - Validity of - Ultra vires - Whether purpose of regulation authorized by empowering statute - A child who was taken into care by the Department of Community Services was represented by a law firm - A dispute arose over the law firm's bill - The Taxing Master held that under s. 46 of Children and Family Services Act Regulations he was bound to apply the Legal Aid Tariff to the law firm's account - The Nova Scotia Supreme Court set aside the Taxing Mas­ter's ruling, holding that s. 46 was ultra vires the regulatory authority granted under s. 37(4) the Child and Fam­ily Services Act - The Nova Scotia Court of Appeal held that s. 46 of the Regula­tions was not ultra vires and set aside the trial judge's deci­sion.

Cases Noticed:

Investment Property Owners' Association of Nova Scotia Ltd. v. Rent Review Commission and Nova Scotia (Attorney General) (1985), 65 N.S.R.(2d) 319; 147 A.P.R. 319 (C.A.), refd to. [para. 18].

Wentzell, Floris and Best v. Nova Scotia (Attorney General) (1985), 70 N.S.R.(2d) 181; 166 A.P.R. 181 (C.A.), refd to. [para. 19].

Statutes Noticed:

Children and Family Services Act, S.N.S. 1990, c. 5, sect. 37(1), sect. 37(2), sect. 37(4) [para. 14]; sect. 99(1)(o), sect. 99(1)(ag), sect. 99(1)(ah) [para. 15].

Child and Family Services Act Regulations (N.S.), sect. 46 [para. 4].

Counsel:

Alison W. Scott, for the appellant;

Brian J. Hebert, for the respondent.

This appeal was heard on February 1, 1995, before Matthews, Jones and Pugsley, JJ.A., of the Nova Scotia Court of Appeal. The decision of the court was delivered by Matthews, J.A., on February 14, 1995.