Case information
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29717
J.J. v. Nova Scotia (Minister of Health)
(Nova Scotia) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2005-05-09 | Correspondence received from, (by fax) C. McNeil; will not be pursuing the issue of costs | J.J. |
| 2005-04-21 | Record returned to the Registrar of the Court of Appeal | |
| 2005-03-30 | Correspondence received from, E. Gores dated March 30, 2005 (fax copy) re: in response to Mr. Campbell's letter dated March 22, 2005 | Nova Scotia (Minister of Health) |
| 2005-03-29 | Correspondence received from, A. Campbell dated March 22, 2005 re: decision on appeal on March 18, 2005 - costs | J.J. |
| 2005-03-22 | Appeal closed | |
| 2005-03-21 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-03-18 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 180517, 2003 NSCA 25, dated February 19, 2003, heard on November 4, 2004, is allowed. Allowed |
|
| 2004-11-17 | Transcript received, (77 pages) | |
| 2004-11-04 | Supplemental document, Condensed book of the intervener - 14 copies - submitted in court. | Canadian Association for Community Living ("CACL") and People First of Canada |
| 2004-11-04 | Judgment reserved OR rendered with reasons to follow | |
| 2004-11-04 | Acknowledgement and consent for video taping of proceedings, from all parties. | |
| 2004-11-04 |
Hearing of the appeal, 2004-11-04, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
|
| 2004-11-04 | Appellant's condensed book, 14 copies - submitted in court | J.J. |
| 2004-10-22 | Notice of appearance, Phyllis Gordon, Dianne Wintermude and Robert Lattanzio will be present at hearing. | Canadian Association for Community Living ("CACL") and People First of Canada |
| 2004-10-19 | Notice of appearance, Claire McNeil and Susan Young will be present at hearing. | J.J. |
| 2004-10-07 | Order on motion to extend time, (BY LEBEL J.) | |
| 2004-10-07 |
Decision on motion to extend time, LeB, UPON APPLICATION by the intervener, Advocacy Centre for the Elderly, for an order extending the time to serve and file its factum and book of authorities to August 17, 2004, and for an order permitting the intervener to present oral argument not exceeding 15 minutes at the hearing of this appeal. AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2004-10-07 | Submission of motion to extend time, LeB | |
| 2004-09-29 | Motion to extend time, to file the intervener's factum and authorities to 08/17/04, Completed on: 2004-09-29 | Advocacy Centre for the Elderly |
| 2004-09-20 | Correspondence received from, C. Villeneuve dated Sept. 20, 2004 (fax copy) re: change of Ottawa agent from Osler to Fraser, Milner | Canadian Association for Community Living ("CACL") and People First of Canada |
| 2004-08-26 | Correspondence received from, H. Ross re: enclosing substitution in Tab 25, Vol. II of the Book of Authorities with consents by all parties (sent to the judges Aug. 30/04) | Canadian Association for Community Living ("CACL") and People First of Canada |
| 2004-08-17 | Book of authorities, Completed on: 2004-09-29 | Advocacy Centre for the Elderly |
| 2004-08-17 | Intervener's factum, Completed on: 2004-09-29 | Advocacy Centre for the Elderly |
| 2004-08-04 | Intervener's factum, Completed on: 2004-08-04 | Canadian Association for Community Living ("CACL") and People First of Canada |
| 2004-08-03 | Book of authorities, 2 vols., Completed on: 2004-08-03 | Canadian Association for Community Living ("CACL") and People First of Canada |
| 2004-08-03 | Notice of hearing sent to parties | |
| 2004-07-15 |
Appeal hearing scheduled, 2004-11-04, Previously June 14/04 Judgment reserved |
|
| 2004-06-30 | Respondent's book of authorities, Completed on: 2004-06-30 | Nova Scotia (Minister of Health) |
| 2004-06-30 | Respondent's record, (Table of contents requested), Completed on: 2004-07-14 | Nova Scotia (Minister of Health) |
| 2004-06-30 | Respondent's factum, Completed on: 2004-06-30 | Nova Scotia (Minister of Health) |
| 2004-06-18 | Correspondence received from, D. Wintermute dated June 17/04 (by fax) re: Patricia J. Wilson of Osler, Hoskin & Harcourt to act as Ottawa agent | Canadian Association for Community Living ("CACL") and People First of Canada |
| 2004-06-16 | Order on motion to extend time | |
| 2004-06-16 |
Decision on motion to extend time, LeB, UPON APPLICATION by the respondent for an order further extending the time to serve and file its factum, record and book of authorities to June 30, 2004, and to present oral argument at the hearing of the appeal; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2004-06-16 | Submission of motion to extend time, LeB | |
| 2004-06-16 | Response to motion to extend time, (Letter Form), from Claire McNeil dated 06/16/04, Completed on: 2004-06-16 | J.J. |
| 2004-06-16 | Motion to extend time, (FURTHER extension) to file the respondent's factum, record and authorities to June 30, 2004, Completed on: 2004-06-16 | Nova Scotia (Minister of Health) |
| 2004-06-10 | Correspondence received from, Claire McNeil dated 06/10/04 re: hearing of appeal | J.J. |
| 2004-06-09 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2004-06-09 |
Decision on the motion for leave to intervene, LeB, The motion for leave to intervene of the applicant, the Advocacy Centre for the Elderly, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The motion for leave to intervene of the applicant, the Canadian Association for Community Living and People First of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2004-06-08 | Response to the motion for leave to intervene, (Letter Form), from S. Grace dated June 8, 2004 (fax copy), Completed on: 2004-06-08 | Nova Scotia (Minister of Health) |
| 2004-06-08 | Submission of motion for leave to intervene, LeB | |
| 2004-06-08 | Reply to the motion for leave to intervene, (Letter Form), from P. Gordon dated June 8, 2004 (fax copy), Completed on: 2004-06-08 | Canadian Association for Community Living ("CACL") and People First of Canada |
| 2004-06-07 | Respondent's condensed book, Book of oral extracts (13 copies) | Nova Scotia (Minister of Health) |
| 2004-06-07 |
Decision on the motion to quash the appeal, AMENDED JUNE 9, 2004, CJ Ma Bi LeB F, OUR ORDER OF JUNE 7, 2004 IS AMENDED AS FOLLOWS: The motion to quash is dismissed with costs in favour of the appellant on a solicitor-client basis. The appeal is adjourned to the fall session. The respondent shall file its factum, record and book of authorities on or before June 21, 2004, and upon doing so will be entitled to present oral argument at the hearing of the appeal. (PREVIOUSLY JUNE 7/04) The motion to quash the appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 180517, 2003 NSCA 25, dated February 19, 2003, was heard this day and the following judgment was rendered: The Chief Justice (orally) – I should state that it is to be regretted that this application to quash was brought at such a late date, given that the appeal is scheduled to be heard next week. That said, the Court is of the view that despite the fact that the issue is technically moot, there are good reasons for hearing this appeal, and the Court is prepared to exercise its discretion in that regard. The motion to quash is dismissed and the appeal will proceed as scheduled. Dismissed |
|
| 2004-06-07 |
Hearing of the motion to quash, 2004-06-07, CJ Ma Bi LeB F Decision rendered |
|
| 2004-05-17 |
Submission of motion to quash, 2004-06-07, CJ Ma Bi LeB F Decision rendered |
|
| 2004-05-05 | Correspondence received from, Stephen J. Grace dated 05/05/04 re: motion to quash to be heard on June 7, 2004 | Nova Scotia (Minister of Health) |
| 2004-05-04 | Order on motion to extend time, (BY CHIEF JUSTICE) | |
| 2004-05-04 |
Decision on motion to extend time, CJ, The application for an order extending the time to serve the respondent's motion to quash to April 21, 2004, is granted Granted |
|
| 2004-05-04 | Submission of motion to extend time, CJ | |
| 2004-04-30 | Response to the motion to quash, (sent to the judges May 17/04), Completed on: 2004-04-30 | J.J. |
| 2004-04-21 | Motion to extend time, Completed on: 2004-04-21 | Nova Scotia (Minister of Health) |
| 2004-04-21 | Respondent's book of authorities, on motion to quash (15 copies) (sent to the judges May 17/04), Completed on: 2004-04-21 | Nova Scotia (Minister of Health) |
| 2004-04-21 | Motion to quash, (15 copies of affidavit in support received on May 4, 2004 - served on May 4, 2004) (sent to the judges May 17/04), Completed on: 2004-04-21 | Nova Scotia (Minister of Health) |
| 2004-04-19 | Correspondence received from, C. McNeil dated April 16, 2004 (fax copy) re: in response to S. Grace's letter dated April 15, 2004 | J.J. |
| 2004-04-16 | Correspondence received from, (by fax) S. Grace re: will file a motion to quash | Nova Scotia (Minister of Health) |
| 2004-04-15 | Appeal perfected for hearing | |
| 2004-04-01 | Notice of hearing sent to parties | |
| 2004-03-25 | Response to the motion for leave to intervene, (Letter Form), from Claire Mc Neil dated 03/25/04 re: Advocacy Centre, Completed on: 2004-03-25 | J.J. |
| 2004-03-25 | Response to the motion for leave to intervene, (Letter Form), from Claire McNeil dated 03/25/04 re: CACL et al, Completed on: 2004-03-25 | J.J. |
| 2004-03-18 | Book of authorities, 3 copies re: motion to intervene, Completed on: 2004-03-18 | Canadian Association for Community Living ("CACL") and People First of Canada |
| 2004-03-18 | Motion for leave to intervene, book form, Completed on: 2004-03-18 | Canadian Association for Community Living ("CACL") and People First of Canada |
| 2004-03-18 | Motion for leave to intervene, (Affidavit filed book form) (memorandum filed separately), Completed on: 2004-03-18 | Advocacy Centre for the Elderly |
| 2004-02-19 | Appellant's book of authorities, Completed on: 2004-02-19 | J.J. |
| 2004-02-19 | Appellant's record, Vol. I to VI, Completed on: 2004-02-19 | J.J. |
| 2004-02-19 | Appellant's factum, Completed on: 2004-02-19 | J.J. |
| 2004-02-06 | Correspondence (sent by the Court) to, (if respondent believes this appeal should be moot it is up to him to file a motion to quash) | |
| 2004-01-09 | Correspondence received from, C. McNeil dated Jan. 9, 2004 (fax copy) re: in reply to K. Quigley's letter dated Dec. 17, 2003 (sent to the Court on Jan. 15, 2004) | J.J. |
| 2003-12-24 | Appeal court record, (1 box) | |
| 2003-12-18 | Correspondence received from, K. Quigley dated Dec. 17, 2003 (fax copy) re: in response to C. McNeil's letter dated Dec. 9, 2003 (mootness)(sent to the Court on Jan. 15, 2004) | Nova Scotia (Minister of Health) |
| 2003-12-10 | Correspondence received from, C. McNeil dated Dec. 9, 2003 (fax copy) re: section 9(6) of the Adult Protection Act (Original rec'd Dec. 17/03)(sent to the Court of Jan. 15, 2004) | J.J. |
| 2003-11-28 | Notice of appeal, (service to Nova Scotia C.A. by fax rec'd Dec. 2/03), Completed on: 2003-11-28 | J.J. |
| 2003-11-20 | Correspondence received from, Lang Michener appointed as Agent for the Appellant | J.J. |
| 2003-11-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-10-31 | Judgment on leave sent to the parties | |
| 2003-10-30 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 180517, dated February 19, 2003, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2003-08-11 | All materials on application for leave submitted to the Judges, Ia Bi LeB | |
| 2003-06-30 | Correspondence received from, Claire McNeil enclosing a copy of the decision of the Nova Scotia Court of Appeal granting a stay pending the outcome of the application for leave to appeal | J.J. |
| 2003-05-26 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-05-20 | Respondent's response on the application for leave to appeal, (service coming), Completed on: 2003-06-03 | Nova Scotia (Minister of Health) |
| 2003-04-22 | Correspondence received, Counsel for applicant advises that they will be applying for a stay of execution of the order granted by the N.S. Court of Appeal. | |
| 2003-04-22 | Book of authorities | J.J. |
| 2003-04-22 | Application for leave to appeal, Completed on: 2003-05-22 | J.J. |
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
| Name | Role | Status |
|---|---|---|
| J.J. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Nova Scotia (Minister of Health) | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Advocacy Centre for the Elderly | Intervener | Active |
| Canadian Association for Community Living ("CACL") and People First of Canada | Intervener | Active |
Counsel
Party: J.J.
Counsel
2209 Gottingen Street
Halifax, Nova Scotia
B3K 3B5
Telephone: (902) 423-8105
FAX: (902) 422-8067
Email: Claire.McNeil@dal.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Nova Scotia (Minister of Health)
Counsel
Edward A. Gores
400-5151 Terminal Road
P.O Box 7
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-4030
FAX: (902) 424-1730
Agent
Suite 1625
50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.com
Party: Advocacy Centre for the Elderly
Counsel
2 Carlton Street, Suite 701
Toronto, Ontario
M5B 1J3
Telephone: (416) 598-2656
FAX: (416) 598-7924
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Canadian Association for Community Living ("CACL") and People First of Canada
Counsel
Dianne Wintermute
425 Bloor Street East
Suite 110
Toronto, Ontario
M4W 3R5
Telephone: (416) 482-8255
FAX: (416) 482-2981
Email: gordonp@lao.on.ca
Agent
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@fmc-law.com
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.
The Appellant, through her lawyer, consented to an order for her placement in her own home with required supervision, a minimum of eight hours a day, with provision for a standing order through the Supportive Community Outreach team (SCOT) of the Nova Scotia Hospital for her commitment to the hospital for a breach of the plan of care, provided that the SCOT and the Adult Protection Team would design a plan of care to ensure that she is adequately occupied throughout the day and properly supervised in her apartment through the day and night in whatever way the Minister decides in light of what is known of her needs and the risks associated with placement in her apartment.
The order was renewed on October 4, 1999. On March 20, 2000, the renewal order substituted the words “in her residence” for the words “in her apartment”. The placement did not take place and the Appellant remained in institutionalized care.
On September 1, 2000, the Minister of Health, now responsible for adult protection matters, sought an order from the Nova Scotia Supreme Court (Family Division) removing the specific placement provision contained in the original order and approving the current plan for the placement of the Appellant in a specific facility approved by the Minister. It was decided that the Minister’s application should be heard in two parts. In March 2001, the first hearing dealt with the Court’s jurisdiction to be involved in placement matters and the assessment of the parties’ plans. In April 2002, the second hearing dealt with the evidence as to the Appellant’s best interests and the conditions to be attached to the placement order. The Court varied the existing placement order and prohibited the Minister from placing the Appellant in a facility situated outside the Halifax Regional Municipality. The Respondent Minister appealed the decision and, on February 19, 2003, the Nova Scotia Court of Appeal agreed with the Respondent that the lower court had exceeded its jurisdiction and remanded the matter to the Supreme Court (Family Division) to be determined in accordance with its decision respecting jurisdiction.
Lower court rulings
Youth Court of Nova Scotia
A99-51
see file
Nova Scotia Court of Appeal
CA 180517, 2003 NSCA 25
Respondent's appeal allowed; matter returned to the Supreme Court for review in accordance with the reasons for judgment; variation order granted; prohibition regarding placement and limitation of variation clauses contained in the order...
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
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Related links
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
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Related links
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
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