Nova Scotia (Minister of Community Services) v. J.M. et al., 2016 NSSC 22

• Judge: Haley, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: January 08, 2016
• Jurisdiction: Nova Scotia
• Citations: 2016 NSSC 22;(2016), 369 N.S.R.(2d) 202 (SC)

N.S. v. J.M. (2016), 369 N.S.R.(2d) 202 (SC);

    1162 A.P.R. 202

MLB headnote and full text

Temp. Cite: [2016] N.S.R.(2d) TBEd. FE.012

Minister of Community Services (applicant) v. J.M. and T.W. (respondents)

(Nos. 092032, 98803; 2016 NSSC 22)

Indexed As: Nova Scotia (Minister of Community Services) v. J.M. et al.

Nova Scotia Supreme Court

Family Division

Haley, J.

January 8, 2016.

Summary:

The Minister of Community Services sought permanent care of a young child. The matter had been before the court since July 16, 2014, at which time an interim order under s. 39 of the Children and Family Services Act of Nova Scotia issued placing the child in the Minister's temporary care. Shortly before the scheduled hearing of the Minister's application for permanent custody, the child's maternal aunt indicated that she wished to apply for custody. She applied for standing.

The Nova Scotia Supreme Court, Family Division, dismissed 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 812

Public trustee or guardian - Appointment - Parties - The Minister of Community Services sought permanent care of a young child (MW) - The matter had been before the court since July 16, 2014, at which time MW was placed in the Minister's temporary care - Shortly before the scheduled hearing of the Minister's application for permanent custody, the child's maternal aunt (AM) indicated that she wished to apply for custody - She applied for standing - The Nova Scotia Supreme Court, Family Division, dismissed the application where there was no reasonable possibility, when compared to other alternatives, that MW's welfare might be enhanced by granting AM standing and hearing the relevant evidence - AM had entered the scene on the eve of a statutory deadline lapsing - MW had special needs and many specialized services - He was progressing well, but struggled with change - AM had had no contact with him since September 2014 - She had not demonstrated any particular expertise to deal with his special needs - MW needed structure and stability - It was not in his best interests to disrupt the progress he had made by injecting potential major change, or to delay the proceedings beyond the statutory deadline - AM's plan was well-intentioned, but speculative and uncertain - Therefore, it had to be rejected.

Cases Noticed:

T.B. v. Children's Aid Society of Halifax et al. (2001), 194 N.S.R.(2d) 149; 606 A.P.R. 149; 2001 NSCA 99, refd to. [para. 8].

Nova Scotia (Minister of Community Services) v. S.S. (2012), 320 N.S.R.(2d) 135; 1014 A.P.R. 135; 2012 NSSC 293, refd to. [para. 10].

Nova Scotia (Minister of Community Services) v. B.C. et al. (2012), 324 N.S.R.(2d) 130; 1029 A.P.R. 130; 2012 NSSC 413, refd to. [para. 11].

Nova Scotia (Minister of Community Services) v. M.S. et al. (2015), 366 N.S.R.(2d) 206; 1154 A.P.R. 206; 2015 NSSC 307, agreed with [para. 15].

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, appld. [para. 37].

Counsel:

Tara MacSween, for the applicant;

Alan Stanwick, for the respondent, J.M.;

Coline Morrow, for A.M. (party seeking standing).

This application was heard on January 4-8, 2016, by Haley, J., of the Nova Scotia Supreme Court, Family Division, who delivered the following oral decision on January 8, 2016.