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Case information

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20163

Director of Child Welfare for the Province of Prince Edward Island v. Wayne MacPhail, et al.

(Prince Edward Island) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1991-03-05 Appeal closed
1991-03-04 Close file on Leave
1987-05-05 Notice of withdrawal, (withdrawal of the application in court) Director of Child Welfare for the Province of Prince Edward Island
1987-03-20 Book of authorities, , 10 copies Director of Child Welfare for the Province of Prince Edward Island
1987-03-20 Motion to extend the time to serve and/or file the notice of appeal, *********PROCEEDING CODE ENTERED IN ERROR********* Director of Child Welfare for the Province of Prince Edward Island
1987-03-20 Application for leave to appeal, 10 copies, Completed on: 1987-03-20 Director of Child Welfare for the Province of Prince Edward Island
1987-02-24 Order on motion to extend the time to file and/or serve the leave application
1987-02-23 Decision on motion to extend time to file and /or serve the leave application, La
Granted, no order as to costs
1987-02-23 Hearing of motion to extend time to file and/ or serve the leave application, 1987-02-23, La
1987-02-23 Submission of motion to extend time to file and/ or serve the leave application, 1987-02-23, La
1987-02-20 Response to the motion to extend the time to file and / or serve the leave application Wayne MacPhail
1987-02-20 Affidavit Director of Child Welfare for the Province of Prince Edward Island
1987-02-20 Motion to extend the time to file and or serve the application for leave to appeal Director of Child Welfare for the Province of Prince Edward Island
1986-11-26 Order on motion to extend the time to file and/or serve the leave application
1986-11-26 Decision on motion to extend time to file and /or serve the leave application, LaF
Granted, no order as to costs
1986-11-26 Hearing of motion to extend time to file and/ or serve the leave application, 1986-11-26, LaF
1986-11-26 Submission of motion to extend time to file and/ or serve the leave application, 1986-11-26, LaF
1986-11-25 Response to the motion to extend the time to file and / or serve the leave application Wayne MacPhail
1986-11-25 Affidavit Director of Child Welfare for the Province of Prince Edward Island
1986-11-25 Motion to extend the time to file and or serve the application for leave to appeal Director of Child Welfare for the Province of Prince Edward Island

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Director of Child Welfare for the Province of Prince Edward Island Applicant Active

v.

Main parties - Respondents
Name Role Status
MacPhail, Wayne Respondent Active
MacPhail, Dorothy Respondent Active

Counsel

Party: Director of Child Welfare for the Province of Prince Edward Island

Counsel
Name
Eugene P. Rossiter, Q.C.
Contact information
Stewart McKelvey Stirling Scales
65 Grafton St
PO Box 2140 Stn Central
Charlottetown, Prince Edward Island
C1A 8B9
Telephone: (902) 892-2485
FAX: (902) 566-5283

Party: MacPhail, Wayne

Counsel
Name
Kancy K. Orr
Contact information
Legal Aid of Prince Edward Island
42 WATER ST
SIR LOUIS HENRY DAVIS LAW COURT
CHARLOTTETOWN, Prince Edward Island
C1A 8B9

Party: MacPhail, Dorothy

Counsel
Name
Kancy K. Orr
Contact information
Legal Aid of Prince Edward Island
42 WATER ST
SIR LOUIS HENRY DAVIS LAW COURT
CHARLOTTETOWN, Prince Edward Island
C1A 8B9

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

January 29, 1986
Supreme Court of Prince Edward Island, Trial Division

GDC-6348

Finding that Respondents' children in need of protection

July 21, 1986
Supreme Court of Prince Edward Island, Appeal Division

GDC-6348

Appeal allowed

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-02-27