New Brunswick (Minister of Social Development) v. L.D. et al., 2014 NBQB 37

Judge:Walsh, J.
Court:Court of Queen's Bench of New Brunswick
Case Date:February 03, 2014
Jurisdiction:New Brunswick
Citations:2014 NBQB 37;(2014), 416 N.B.R.(2d) 275 (FD)
 
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N.B. v. L.D. (2014), 416 N.B.R.(2d) 275 (FD);

    416 R.N.-B.(2e) 275; 1079 A.P.R. 275

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Temp. Cite: [2014] N.B.R.(2d) TBEd. MR.008

Renvoi temp.: [2014] N.B.R.(2d) TBEd. MR.008

The Minister of Social Development (applicant) v. L.D. (by her Litigation Guardian, Roxanne Graham) (respondent)

(FDSJ 478-2013; 2014 NBQB 37; 2014 NBBR 37)

Indexed As: New Brunswick (Minister of Social Development) v. L.D. et al.

Répertorié: New Brunswick (Minister of Social Development) v. L.D. et al.

New Brunswick Court of Queen's Bench

Family Division

Judicial District of Saint John

Walsh, J.

February 19, 2014.

Summary:

Résumé:

The Minister of Social Development applied for a Supervision and Consent to Treatment Order under s. 39(1) of the Family Services Act (N.B.) respecting L.D., an elderly and disabled woman. L.D.'s daughter, B., opposed the Minister's application.

The New Brunswick Court of Queen's Bench, Family Division, allowed the application.

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.

Guardian and Ward - Topic 815

Public trustee or guardian - Appointment - Child or adult in need of protection - Considerations (incl. best interests) - [See Guardian and Ward - Topic 815.6 ].

Guardian and Ward - Topic 815.6

Public trustee or guardian - Appointment - Child or adult in need of protection - Medical or health reasons - The Minister of Social Development applied for a Supervision and Consent to Treatment Order under s. 39(1) of the Family Services Act (N.B.) respecting L.D., an elderly and disabled woman - The Minister asserted that L.D. was in need of protection because of the condition of her health and should be placed in a nursing home - L.D.'s daughter, B., opposed the Minister's application, asserting that L.D. should be back in her own home, under B.'s care - The New Brunswick Court of Queen's Bench, Family Division, allowed the application - L.D. was "mentally incompetent" and would be a "neglected adult" once discharged from the hospital within the meaning of s. 39(1) of the Family Services Act - L.D. had been diagnosed with dementia and the condition fell within the legal definition of "mental incompetency" - She also met the criteria of "neglected adult" except for the remaining issue of whether B. could care for her mother - The court agreed with the Minister that it was more probable than not that B. was not capable of providing the necessary care and supervision should L.D. be released into B.'s care - Firstly, L.D.'s needs were significant and the requirement of supervision extensive and B.'s obligations to her own disabled daughters were equally significant and extensive - Secondly, the home to which L.D. would otherwise return was neither structurally suited to L.D.'s care, nor conducive to her supervision - Thirdly, the public provision of the maximum day-time hours of homemaker services would not appreciably reduce the barrier the home represented to L.D.'s appropriate care and safety - Finally, the skepticism that B. had demonstrated towards the mental diagnosis and health care workers raised real concerns as to the degree she would follow any medical plan upon discharge or would even recognize the extent of care and supervision required by L.D. - L.D.'s best interest lied with supervision by the Minister.

Tutelle - Cote 815

Tuteur ou curateur public - Nomination - Enfant ou adulte ayant besoin de protection - Facteurs considérés (y compris le meilleur intérêt) - [Voir Guardian and Ward - Topic 815 ].

Tutelle - Cote 815.6

Tuteur ou curateur public - Nomination - Enfant ou adulte ayant besoin de protection - Raisons médicales ou de santé - [Voir Guardian and Ward - Topic 815.6 ].

Cases Noticed:

New Brunswick (Minister of Family and Community Services) v. W.A. (2002), 254 N.B.R.(2d) 153; 664 A.P.R. 153; 2002 NBCA 100, refd to. [para. 7].

Nouveau-Brunswick (Ministre de la Santé et des Services communautaires) v. A.D. et G.D. (1999), 219 N.B.R.(2d) 201; 561 A.P.R. 201 (C.A.), refd to. [para. 11].

F.H. v. McDougall, [2008] 3 S.C.R. 41; 380 N.R. 82; 260 B.C.A.C. 74; 439 W.A.C. 74; 2008 SCC 53, refd to. [para. 13].

New Brunswick (Minister of Social Development) v. H.C. et al., [2011] N.B.R.(2d) Uned. 151; 2013 NBQB 97 (Fam. Div.), refd to. [para. 85].

New Brunswick (Minister of Social Development) v. D.A.B. et al. (2011), 376 N.B.R.(2d) 190; 970 A.P.R. 190; 2011 NBQB 241 (Fam. Div.), refd to. [para. 85].

New Brunswick (Minister of Family and Community Services) v. "Adult" et al. (2007), 323 N.B.R.(2d) 1; 832 A.P.R. 1; 2007 NBQB 267 (Fam. Div.), refd to. [para. 85].

New Brunswick (Minister of Family and Community Services) v. E.L., [2002] N.B.R.(2d) Uned. 52; 2002 NBQB 185 (Fam. Div.), refd to. [para. 85].

Counsel:

Avocats:

David R. Colwell, Q.C., for the applicant;

Janet Steeves, for the respondent;

K.B., per se.

This application was heard between January 15 and February 3, 2014, by Walsh, J., of the New Brunswick Court of Queen's Bench, Family Division, Judicial District of Saint John, who delivered the following decision on February 19, 2014.

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