Child and Family Services of Western Manitoba v. S.W.R.G. et al., 2014 MBCA 60

• Judge: Monnin, Steel and Burnett, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: April 07, 2014
• Jurisdiction: Manitoba
• Citations: 2014 MBCA 60;(2014), 306 Man.R.(2d) 197 (CA)

CFS v. S.W.R.G. (2014), 306 Man.R.(2d) 197 (CA);

      604 W.A.C. 197

MLB headnote and full text

Temp. Cite: [2014] Man.R.(2d) TBEd. JN.025

Child and Family Services of Western Manitoba (petitioner/respondent) v. G. (S.W.R.) (respondent/appellant) and M. (T.R.) (respondent)

(AH 13-30-08018; 2014 MBCA 60)

Indexed As: Child and Family Services of Western Manitoba v. S.W.R.G. et al.

Manitoba Court of Appeal

Monnin, Steel and Burnett, JJ.A.

June 10, 2014.

Summary:

The appellant applied to extend the time to file an appeal from an order of permanent guardianship granted to Child and Family Services of Western Manitoba pursuant to the Child and Family Services Act. A judge of the Court of Appeal made an order in Chambers denying the application. The appellant appealed from that decision.

The Manitoba Court of Appeal dismissed the appeal.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Courts - Topic 2105

Jurisdiction - Appellate jurisdiction - Court of Appeal - Civil appeals - [See first Guardian and Ward - Topic 823 ].

Courts - Topic 7761

Provincial courts - Manitoba - Court of Appeal - Jurisdiction - General - [See first Guardian and Ward - Topic 823 ].

Guardian and Ward - Topic 823

Public trustee or guardian - Appointment - Appeals - The appellant applied to extend the time to file an appeal from an order of permanent guardianship granted to Child and Family Services of Western Manitoba pursuant to the Child and Family Services Act - A judge of the Court of Appeal made an order in Chambers denying the application - The appellant appealed from that decision - The Manitoba Court of Appeal held that s. 46(1) of the Court of Appeal Rules provided authority, where provided by statute, as in the present case, for a panel of the Court of Appeal to hear an appeal from a Chambers judge - The court concluded that "in this particular case, s. 44 of the Act provides for an appeal as of right and, as well, it provides for an extension of time to be granted if the facts warrant it. Accordingly, we were satisfied that the appellant's appeal was properly before us and with which we could proceed" - See paragraphs 2 to 9.

Guardian and Ward - Topic 823

Public trustee or guardian - Appointment - Appeals - The appellant applied to extend the time to file an appeal from an order of permanent guardianship granted to Child and Family Services of Western Manitoba pursuant to the Child and Family Services Act - A judge of the Court of Appeal made an order in Chambers denying the application - The appellant appealed from that decision - The Manitoba Court of Appeal dismissed the appeal - The Chambers judge was correct in finding that the appellant did not have an arguable ground of appeal, as on the facts, a supervisory order of guardianship was simply not an appropriate order to grant - Even if the appellant's argument with respect to the proper interpretation to be given to s. 41 of the Act proved to be the correct one, that would still not change the fact that the appellant was simply incapable of properly caring for the child in question - See paragraphs 10 to 25.

Guardian and Ward - Topic 947

Public trustee or guardian - Appeals to courts (incl. judicial review) - Time for (incl. service) - [See second Guardian and Ward - Topic 823 ].

Practice - Topic 8980

Appeals - When appeal available - General principles - [See first Guardian and Ward - Topic 823 ].

Cases Noticed:

Director of Child and Family Services v. D.M.P. et al. (2010), 262 Man.R.(2d) 66; 507 W.A.C. 66; 2010 MBCA 112, refd to. [para. 12].

Child and Family Services of Western Manitoba v. S.L. et al. (2008), 233 Man.R.(2d) 287; 2008 MBQB 287 (Fam. Div.), refd to. [para. 18].

Statutes Noticed:

Child and Family Services Act, S.M. 1985-86, c. 8; C.C.S.M., c. C-80, sect. 41 [para. 19]; sect. 44 [para. 5].

Court of Appeal Rules, Man. Reg. 555/88R, sect. 46(1) [para. 4].

Counsel:

J.A. Richert, for the appellant;

J.D. Cram, for the respondent, Child and Family Services of Western Manitoba.

This appeal was heard on April 7, 2014, before Monnin, Steel and Burnett, JJ.A. of the Manitoba Court of Appeal. The following judgment of the Court of Appeal was delivered by Monnin, J.A., on June 10, 2014.