New Brunswick (Minister of Health and Community Services) v. V.B. and D.C., (1987) 77 N.B.R.(2d) 259 (FD)

• Judge: Paul S. Creaghan, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: January 29, 1987
• Jurisdiction: New Brunswick
• Citations: (1987), 77 N.B.R.(2d) 259 (FD)

N.B. v. V.B. (1987), 77 N.B.R.(2d) 259 (FD);

    77 R.N.-B.(2e) 259; 195 A.P.R. 259

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New Brunswick (Minister of Health and Community Services) v. V.B. and D.C.

(No. FDN-181-85)

Indexed As: New Brunswick (Minister of Health and Community Services) v. V.B. and D.C.

Répertorié: New Brunswick (Minister of Health and Community Services) v. V.B. and D.C.

New Brunswick Court of Queen's Bench

Family Division

Judicial District of Newcastle

Paul S. Creaghan, J.

January 29, 1987.

Summary:

Résumé:

The Minister applied for a guardianship order with respect to four children. There was a history of physical abuse between the natural parents as well as with respect to the children.

The New Brunswick Court of Queen's Bench, Family Division, allowed the application. The court held that it was in the children's best interests that the Minister have guardianship of the children.

Guardian and Ward - Topic 815

Public trustee or guardian - Appointment - Child in need of protection - Considerations - Best interests of child - The New Brunswick Court of Queen's Bench, Family Division, stated that where there was an application by the Minister for a guardianship order, the parental tie had to be viewed from the standpoint of the best interests of the children and not from the standpoint of the interests of the parent - See paragraph 26.

Guardian and Ward - Topic 815

Public trustee or guardian - Appointment - Child in need of protection - Considerations - Best interests of child - The New Brunswick Court of Queen's Bench, Family Division, stated that a court was required to predicate its decision with respect to the best interests of the child upon the legislated definition set out in the Family Services Act, S.N.B. 1980, c. F-2.2 - See paragraph 5.

Cases Noticed:

Levesque v. Levesque (1983), 46 N.B.R.(2d) 184; 121 A.P.R. 184, folld. [para. 3].

D.A.M. v. R. (1983), 47 N.B.R.(2d) 41; 124 A.P.R. 41, refd to. [para. 5].

Minister of Social Services v. C.S. and J.T. (1984), 51 N.B.R.(2d) 42; 134 A.P.R. 42, appld. [para. 26].

Woods v. Racine and Racine, [1983] 2 S.C.R. 173; 48 N.R. 362; 24 Man.R.(2d) 314, appld. [para. 26].

Statutes Noticed:

Family Services Act, S.N.B. 1980, c. F-2.2, sect. 51(1) [para. 18]; sect. 53(2) [para. 3]; sect. 56(1) [para. 1].

Counsel:

John J. Walsh, for the applicant;

T. William Morrissy, for the respondent.

This case was heard on December 22 and 23, 1986, before Paul S. Creaghan, J., of the New Brunswick Court of Queen's Bench, Family Division, Judicial District of Newcastle, who delivered the following decision on January 29, 1987.