Family and Children's Services of Annapolis County v. C., (1983) 62 N.S.R.(2d) 365 (CA)

• Judge: Cooper, Jones and Macdonald, JJ.A.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: December 16, 1983
• Jurisdiction: Nova Scotia
• Citations: (1983), 62 N.S.R.(2d) 365 (CA)

CFS v. C. (1983), 62 N.S.R.(2d) 365 (CA);

    136 A.P.R. 365

MLB headnote and full text

Family and Children's Services of Annapolis County v. C. and C.

(S.C.A. 01143)

Indexed As: Family and Children's Services of Annapolis County v. C.

Nova Scotia Supreme Court

Appeal Division

Cooper, Jones and Macdonald, JJ.A.

December 16, 1983.

Summary:

A social worker applied to have an infant child of separated parents declared in need of protection under s. 2(m)(iv) of the Children's Services Act. The social worker had apprehended the child without notifying the husband, who had custody.

The Nova Scotia Family Court, in a judgment reported in (1983), 57 N.S.R.(2d) 77; 120 A.P.R. 77, dismissed the application and awarded $6,000 costs to the husband, because the application was unjustified and unnecessary. Family and Children's Services appealed.

The Nova Scotia County Court, in a judgment not reported in this series of reports, allowed the appeal and held that the Family Court did not have jurisdiction to award costs. The husband appealed.

The Nova Scotia Supreme Court, Appeal Division, dismissed the appeal and held that a judge of the Family Court had no jurisdiction to award costs on an application to declare a child in need of protection.

Courts - Topic 6169

Provincial courts - Nova Scotia - Family Court - Jurisdiction to award costs - The Nova Scotia Court of Appeal held that the Nova Scotia Family Court, being a statutory court, had no inherent jurisdiction to award costs on an application under the Children's Services Act to declare a child in need of protection - The Court of Appeal further stated that where the Children's Services Act and the Family Court Act did not expressly authorize the awarding of costs, the Family Court had no jurisdiction to do so - See paragraphs 5 to 15.

Guardian and Ward - Topic 969

Public trustee or guardian - Practice - Costs - The Nova Scotia Court of Appeal held that the Nova Scotia Family Court, being a statutory court, had no inherent jurisdiction to award costs on an application under the Children's Services Act to declare a child in need of protection - The Court of Appeal further stated that where the Children's Services Act and the Family Court Act did not expressly authorize the awarding of costs, the Family Court had no jurisdiction to do so - See paragraphs 5 to 15.

Cases Noticed:

Re Charles Brown (1928), 60 N.S.R. 76; 49 C.C.C. 402, folld. [para. 5].

Statutes Noticed:

Family Court Act, R.S.N.S. 1967, c. 98, sect. 5(1), sect. 5A, sect. 5B, sect. 6 [para. 8].

Family Court Rules (N.S.), rule 17.01 [para. 10].

Authors and Works Noticed:

Orkin, Law of Costs (1968), p. 1 [para. 6].

Counsel:

Douglas C. Campbell, for the appellant;

W. Bruce Gillis, for the respondent.

This appeal was heard on October 14, 1983, before Cooper, Jones and Macdonald, JJ.A., of the Nova Scotia Supreme Court, Appeal Division.

On December 16, 1983, Macdonald, J.A., delivered the following judgment for the Court of Appeal.