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26119

Minister of Health and Community Services v. M.P.F., et al.

(New Brunswick) (Civil) (By Leave)

(Publication ban on party)

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)
1998-06-10 Close file on Leave
1998-01-30 Copy of formal judgment on leave being prepared, all parties
1998-01-29 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, New Brunswick (Fredericton)
1997-10-31 Notice of deposit of judgment issued to all parties, Eli Francis (Fredericton, NB)
1997-10-31 Notice of deposit of judgment issued to all parties, Getty, Bear & Associates (Fredericton, NB)
1997-10-31 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1997-10-30 Judgment of the Court on the application for leave to appeal, So Ia Ma, The application to permit filing of additional material is granted and the application for leave to appeal is dismissed.
Dismissed, no order as to costs
1997-10-30 Decision on the miscellaneous motion, to permit filing of additional material, So Ia Ma
Granted, no order as to costs
1997-10-30 Hearing of miscellaneous motion, 1997-10-30, to permit filing of additional material, So Ia Ma
1997-10-30 Submission of miscellaneous motion, 1997-10-30, to permit filing of additional material, So Ia Ma
1997-10-03 All materials on application for leave submitted to the Judges, So Ia Ma
1997-10-01 Respondent's response on the application for leave to appeal, 5 copies (no extension needed as per M. Larmour), Completed on: 1997-10-01 M.P.F.
1997-08-29 Affidavit, of Mary E. Beaton Minister of Health and Community Services
1997-08-29 $50.00 filing fee for a notice of motion, receipt no. 34649 Minister of Health and Community Services
1997-08-29 Motion to extend time, to file additional material (joint) - 5 copies - book form, Completed on: 1997-08-29 Minister of Health and Community Services
1997-08-29 Notice of miscellaneous motion, (to file additional material in support of the application for leave to appeal) - 5 copies - book form (joint with motion to extend the time), Completed on: 1997-08-29 Minister of Health and Community Services
1997-08-14 Correspondence received from, (by fax) from Norville T. Getty; re: should the Order staying the leave application be amended; the children have returned to their mother M.P.F.
1997-07-25 Other documents on motion for a stay of execution, 2 copies of Reply to respondent's response re: on motion for stay
1997-07-25 Order issued on motion for a stay of execution
1997-07-25 Decision on the motion for a stay of execution, Co, Order should be issued in the following terms: 1. Staying the proceedings in this action until such time as the application for leave to appeal has been considered. 2. Extending the current custody order in favour of the appealants until the application for leave to appeal has been determined. 3. If the application for leave is refused, then the stay of proceedings and the current custody order will terminate. 4. If the application for leave to appeal is granted, it will be for the members of the Court granting leave to determine whether the stay of proceedings and the current custody order should remain in force pending the determination of the appeal. 5. The application for leave to appeal is to be expedited
Granted, no order as to costs
1997-07-25 Hearing of motion for a stay of execution, 1997-07-25, Co
1997-07-25 Submission of motion for a stay of execution, 1997-07-25, Co
1997-07-25 Other documents on motion for a stay of execution, (fax copy) re: Respondent's response on motion for stay (affidavit of Norville Getty) - original received on July 28, 1997
1997-07-24 Correspondence received from, sent to Getty, Bear & Associates (Fredericton, NB) enclosing a copy of the letter dated July 24/97 sent to Applicant
1997-07-24 Correspondence received from, sent to Mr. Eli Francis (Frederiction, NB) enclosing a copy of the letter dated July 24/97 sent to Applicant
1997-07-24 Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) to acknowledge receipt of material commencing a proceeding together with enclosed filing fee
1997-07-21 General proceeding, 5 copies of formmal order of C.A. (to be sent with the application for leave to appeal) Minister of Health and Community Services
1997-07-21 $50.00 filing fee for a notice of motion, receipt no. 34515 Minister of Health and Community Services
1997-07-21 Motion for a stay of execution, 3 copies (book form), with service, Completed on: 1997-07-21 Minister of Health and Community Services
1997-07-21 $50.00 filing fee, receipt no. 34515 Minister of Health and Community Services
1997-07-21 Application for leave to appeal, 5 copies (service admitted on July 18, 1997), with service, Completed on: 1997-07-21 Minister of Health and Community Services

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
Minister of Health and Community Services Applicant Active

v.

Main parties - Respondents
Name Role Status
M.P.F. Respondent Active
E.F. Respondent Active

Counsel

Party: Minister of Health and Community Services

Counsel
Mary Elizabeth Beaton
Attorney General of New Brunswick
Room 445, Centennial Bldg
P.O. Box 6000
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2784
FAX: (506) 453-5364
Agent
Henry S. Brown, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: M.P.F.

Counsel
Norville T. Getty
Getty, Bear & Associates
318 Maple St
Fredericton, New Brunswick
E3A 3R4
Telephone: (506) 451-6242
FAX: (506) 645-3780

Party: E.F.

Counsel
Eli Francis
290 Maliseet Dr
Fredericton, New Brunswick
E3A 2B9

Summary

Keywords

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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 31, 1997
Court of Queen’s Bench of New Brunswick

FDN-146-95

see file

June 23, 1997
Court of Appeal of New Brunswick

44/97/CA

Appeal dismissed

Memorandums of argument on application for leave to appeal

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 filing 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

Factums on appeal

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

Webcasts

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Date modified: 2025-02-27