Ferguson v. Director of Child Welfare and Minister of Community and Social Services, (1983) 1 O.A.C. 236 (CA)

JudgeZuber, Thorson and Robins, JJ.A.
CourtCourt of Appeal (Ontario)
Case DateNovember 24, 1983
JurisdictionOntario
Citations(1983), 1 O.A.C. 236 (CA)

Ferguson v. CFS (1983), 1 O.A.C. 236 (CA)

MLB headnote and full text

Ferguson v. Director of Child Welfare and Ministry of Community and Social Services

Indexed As: Ferguson v. Director of Child Welfare and Minister of Community and Social Services

Ontario Court of Appeal

Zuber, Thorson and Robins, JJ.A.

December 5, 1983.

Summary:

An adoptee applied under s. 80(1) of the Child Welfare Act for an order that court documents relating to her adoption be produced for her inspection.

The Ontario County Court, in a decision unreported in this series of reports, dismissed the application. The adoptee appealed.

The Ontario Court of Appeal dismissed the appeal.

Courts - Topic 1408

Administration - Sealing of documents - Effect of - Section 80(1) of the Child Welfare Act provided for the sealing by the court of documents relating to an application for adoption, with inspection only by court order or permission of the Director - The Ontario Court of Appeal held that s. 80(1) did not contravene any of the rights contained in ss. 2(b), 2(d), 7 or 12 of the Canadian Charter of Rights and Freedoms - See paragraphs 10 to 11.

Family Law - Topic 1784

Adoption - Rights of adoptee - Access to court records - A 55 year old adoptee applied under s. 80(1) of the Child Welfare Act for production by the court of her adoption records - The Ontario Court of Appeal held that an order for production under s. 80(1) should not be issued simply on the demand of a party - The court held that sufficient cause must be shown why the order should be made; such cause must be "of such gravity and importance to displace the statutory rights of the other parties and the province's interest in maintaining the integrity of the adoption system" - The court held that a natural curiosity to know one's origins was insufficient - See paragraphs 2 to 9.

Cases Noticed:

Re Nichols (1974), 18 R.F.L. 127, consd. [para. 4].

Re Adoption of B.A., 17 R.F.L.(2d) 140 (Man. Co. Ct.), consd. [para. 5].

Kelly v. Superintendent of Child Welfare and Williams (1981), 23 B.C.L.R. 299 (B.C.S.C.), consd. [para. 6].

Statutes Noticed:

Child Welfare Act, R.S.O. 1980, c. 66, sect. 80(1) [paras. 2 to 3, 7, 10 to 11].

Canadian Charter of Rights and Freedoms, 1982, sect. 2(b), sect. 2(d), sect. 7, sect. 12 [paras. 10 to 11].

Counsel:

Jeffery Wilson, for the appellant;

Leslie M. McIntosh, for the respondent.

This appeal was heard before Zuber, Thorson and Robins, JJ.A., of the Ontario Court of Appeal, on November 24, 1983. The decision of the Court of Appeal was delivered orally by Zuber, J.A., and released on December 5, 1983.

To continue reading

Request your trial
2 practice notes
  • L.A. (Re), 2017 ONSC 597
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 27 January 2017
    ...2920, 1983 CarswellOnt 1346 (Ont. Co. Ct.); affirmed at Ferguson v. Ontario Director of Child Welfare, 1983 CanLII 1909, 44 O.R. (2d) 78, 1 O.A.C. 236, 3 D.L.R. (4th) 178, 36 R.F.L. (2d) 405, 41 C.P.C. 217, [1983] O.J. No. 3238, 1983 CarswellOnt 341 (Ont. [35]     &......
  • Ross v. Registrar of the Supreme Court Family Division (P.E.I.), (1985) 56 Nfld. & P.E.I.R. 248 (PEISC)
    • Canada
    • 26 June 1985
    ...not appld. [para. 14]. Adoption of B.A., Re (1980), 17 R.F.L.(2d) 140, not appld. [para. 14]. Ferguson v. Director of Child Welfare (1984), 1 O.A.C. 236; 36 R.F.L.(2d) 405 (Ont. C.A.), not appld. [para. 14]. Statutes Noticed: Adoption Act (1950), 14 Geo. 6, c. 2, generally [paras. 3, 7, 13,......
2 cases
  • L.A. (Re), 2017 ONSC 597
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 27 January 2017
    ...2920, 1983 CarswellOnt 1346 (Ont. Co. Ct.); affirmed at Ferguson v. Ontario Director of Child Welfare, 1983 CanLII 1909, 44 O.R. (2d) 78, 1 O.A.C. 236, 3 D.L.R. (4th) 178, 36 R.F.L. (2d) 405, 41 C.P.C. 217, [1983] O.J. No. 3238, 1983 CarswellOnt 341 (Ont. [35]     &......
  • Ross v. Registrar of the Supreme Court Family Division (P.E.I.), (1985) 56 Nfld. & P.E.I.R. 248 (PEISC)
    • Canada
    • 26 June 1985
    ...not appld. [para. 14]. Adoption of B.A., Re (1980), 17 R.F.L.(2d) 140, not appld. [para. 14]. Ferguson v. Director of Child Welfare (1984), 1 O.A.C. 236; 36 R.F.L.(2d) 405 (Ont. C.A.), not appld. [para. 14]. Statutes Noticed: Adoption Act (1950), 14 Geo. 6, c. 2, generally [paras. 3, 7, 13,......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT