N.B. v. Director of Child and Family Services (Man.) et al., (1997) 120 Man.R.(2d) 75 (QBFD)

• Judge: Guertin-Riley, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: June 19, 1997
• Jurisdiction: Manitoba
• Citations: (1997), 120 Man.R.(2d) 75 (QBFD)

N.B. v. CFS (1997), 120 Man.R.(2d) 75 (QBFD)

MLB headnote and full text

Temp. Cite: [1997] Man.R.(2d) TBEd. JL.010

N.B. (applicant/appellant) v. Director of Child and Family Services and Winnipeg Child and Family Services - Southwest Area (respondents)

(File No. FD 95-01-44006)

Indexed As: N.B. v. Director of Child and Family Services (Man.) et al.

Manitoba Court of Queen's Bench

Family Division

Winnipeg Centre

Guertin-Riley, J.

June 19, 1997.

Summary:

The Child Abuse Registry Review Com­mittee (CARRC) decided to place N.B.'s name on its registry following evidence relating to his alleged sexual abuse of his granddaughter. The evidence showed that the child identified numerous possible abusers, retracted her disclosures about N.B. and made unbelievable and fantastical statements. N.B. claimed that the CARRC did not indi­cate why it pre­ferred the child's inconsist­encies and ignored evidence.

The Manitoba Court of Queen's Bench, Family Division, in a judgment reported 116 Man.R.(2d) 146, set aside the CARRC's decision to place N.B.'s name on its abuse registry. The parties made submissions as to costs.

The Manitoba Court of Queen's Bench awarded N.B. solicitor and client costs.

Infants - Topic 6141

Legal proceedings - Costs - General - The Child Abuse Registry Review Com­mittee (CARRC) decided to place N.B.'s name on its registry following evidence relating to his alleged sexual abuse of his granddaugh­ter - The evidence showed that the child identified numerous possible abusers, retracted her disclosures about N.B. and made unbelievable and fantastical state­ments - N.B. obtained an order setting aside the CARRC's decision - The parties made submissions as to costs - The Mani­toba Court of Queen's Bench, Family Law Division, awarded N.B. solicitor and client costs - This was an exceptional case as the CARRC's decision flew in the face of the evidence - The court rejected an argu­ment by the Director of Child and Family Ser­vices and Winnipeg Child and Family Services that costs should not be assessed against them as they were not responsible for the CARRC's actions.

Practice - Topic 7458

Costs - Solicitor and client costs - Entitl­ement to - Rare and exceptional cases - [See Infants - Topic 6141 ].

Cases Noticed:

Young v. Young et al., [1993] 4 S.C.R. 3; 160 N.R. 1; 34 B.C.A.C. 161; 56 W.A.C. 161; [1993] 8 W.W.R. 513; 108 D.L.R.(4th) 193; 84 B.C.L.R.(2d) 1; 18 C.R.R.(2d) 41; 49 R.F.L.(3d) 117, refd to. [Appendix].

Salkeld and Dola v. Labour Board (Man.) and United Food and Commercial Workers, Local 111 (1985), 37 Man.R.(2d) 59 (C.A.), refd to. [Appen­dix].

Taabea v. Canada (Refugee Status Advis­ory Committee) (1980), 109 D.L.R.(3d) 664 (F.C.T.D.), refd to. [Appendix].

Miljohns et al. v. Board of Education of Scarborough (City) (1980), 112 D.L.R.(3d) 552 (Ont. Div. Ct.), refd to. [Appendix].

Canadian Union of Public Employees, Local 1 v. Toronto Hydro Electric Sys­tem et al., [1978] 19 O.R.(2d) 245 (H.C.), refd to. [Appendix].

Whitehouse v. Sun Oil Co., [1982] 6 W.W.R. 289; 40 A.R. 380 (C.A.), refd to. [Appendix].

Counsel:

Jeffrey J. Gindin, for the applicant;

Elizabeth R. Sellick, for the respondents.

This application was heard before Guertin-Riley, J., of the Manitoba Court of Queen's Bench, Family Division, Winnipeg Centre, who delivered the following judgment on June 19, 1997.