Case information
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34721
C.S., et al. v. Children's Aid Society of the Regional Municipality of Waterloo, et al.
(Ontario) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-06-26 | Close file on Leave | |
| 2012-06-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-06-15 | Judgment on leave sent to the parties | |
| 2012-06-14 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers M40388 and M40429, dated October 17, 2011, is dismissed without costs. Dismissed, without costs |
|
| 2012-06-14 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2012-05-07 | All materials on application for leave submitted to the Judges, De F Ka | |
| 2012-05-07 | Submission of motion to extend time to file and/ or serve the leave application, De F Ka | |
| 2012-04-23 | Supplemental document, Superior Court of Justice decision and additional document from applicant | C.S. |
| 2012-04-19 | Applicant's reply to respondent's argument, (rec'd by fax April 19/12), Completed on: 2012-04-19 | C.S. |
| 2012-04-19 | Response to the motion to extend the time to file and / or serve the leave application, (included in the response), Completed on: 2012-04-19 | Children's Aid Society of the Regional Municipality of Waterloo |
| 2012-04-19 | Respondent's response on the application for leave to appeal, Completed on: 2012-04-19 | Children's Aid Society of the Regional Municipality of Waterloo |
| 2012-04-18 | Correspondence received from, Applicants, by fax, Re: various letters sent between parties | C.S. |
| 2012-03-28 | Correspondence received from, applicants, trial court reasons to be fowarded about April 19/12 | C.S. |
| 2012-03-19 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2012-02-29 | Correspondence (sent by the Court) to, applicants, Re: acknowledgment letter | |
| 2012-02-16 | Motion to extend the time to file and or serve the application for leave to appeal, (included in the application), Completed on: 2012-02-16 | C.S. |
| 2012-02-16 | Application for leave to appeal, Lower Court decisions missing (rec`d April 23/12 by fax), Completed on: 2012-04-24 | C.S. |
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 |
|---|---|---|
| C.S. | Applicant | Active |
| M.S. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Children's Aid Society of the Regional Municipality of Waterloo | Respondent | Active |
| Child and Family Services Review Board | Respondent | Active |
Counsel
Party: C.S.
This party is not represented by counsel.
Party: M.S.
This party is not represented by counsel.
Party: Children's Aid Society of the Regional Municipality of Waterloo
Counsel
200 Ardelt Avenue
Kitchener, Ontario
N2C 2L9
Telephone: (519) 576-1329
FAX: (519) 576-0213
Email: cheryl.buelher@facswaterloo.org
Agent
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca
Party: Child and Family Services Review Board
Counsel
40 Dundas Street West, 4th Floor
Toronto, Ontario
M7A 0A9
Telephone: (416) 212-8009
FAX: (416) 212-8024
Email: margaret.leighton@ontario.ca
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.
Family law – Adoption – Infant placed with foster family shortly after his birth – Foster family applying to adopt – Applicants, biological aunts of the child, also applying to adopt him – Family Services Review Board upholding decision to deny Applicants’ application for adoption - Whether lower court erred in failing to recognize that the factual and legal findings of the Child and Family Services Review Board were not supported by the evidence.
The child in question was born on May, 9, 2008 and was placed by the Respondent with a foster family when he was three days old. He has resided with that family since that time and the foster parents applied to adopt him. The child’s paternal aunts also applied to the Society to adopt their nephew but their application was refused in April, 2010. They appealed this decision to the Child and Family Services Review Board and a hearing was conducted in May, 2010. The decision of the Respondent was upheld. The Applicants sought judicial review of that decision.
Lower court rulings
Ontario Superior Court of Justice
Application for judicial review dismissed
Court of Appeal for Ontario
M40388
Applicant’s application for leave to appeal dismissed
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
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
Not available
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
Not available