Case information
Consult our database for details on a Supreme Court of Canada case.
39783
D.S., et al. v. New Brunswick (Minister of Social Development)
(New Brunswick) (Civil) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2021-12-21 | Close file on Leave | |
| 2021-12-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-12-09 | Judgment on leave sent to the parties | |
| 2021-12-09 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of New Brunswick, Number 79-20-CA, 2021 NBCA 25, dated May 13, 2021 is dismissed. Dismissed |
|
| 2021-11-01 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-09-07 |
Correspondence received from, re : CA formal order |
D.S. |
| 2021-09-02 | Certificate (on limitations to public access) | New Brunswick (Minister of Social Development) |
| 2021-09-02 | Notice of name | New Brunswick (Minister of Social Development) |
| 2021-09-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-11-02, (Printed version filed on 2021-09-02) | New Brunswick (Minister of Social Development) |
| 2021-09-01 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-09-01 | |
| 2021-08-11 |
Certificate (on limitations to public access), (Letter Form), 23B rec'd: amended 23B (rec'd 2021-08-13), (Printed version filed on 2021-08-12) |
D.S. |
| 2021-08-11 |
Certificate (on limitations to public access), (Letter Form), 23A rec'd amended 23A (rec'd 2021-08-13) 2nd amended 23 A (rec'd 2021-11-23), (Printed version filed on 2021-08-12) |
D.S. |
| 2021-08-11 |
Application for leave to appeal, (Book Form), Require: - Amended Notice of application (electronic copy rec'd 2021-09-03, paper copy rec'd 2021-09-07) - Signed reasons for judgment rec'd 2021-09-07 , Completed on: 2021-11-02, (Printed version filed on 2021-08-12) |
D.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 |
|---|---|---|
| D.S. | Applicant | Active |
| A.C. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| New Brunswick (Minister of Social Development) | Respondent | Active |
Counsel
Party: D.S.
Counsel
412 Queen St., Suite 210
Fredericton, New Brunswick
E3B 1B6
Telephone: (506) 444-5539
FAX: (506) 462-2290
Email: ben.reentovich@gnb.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: A.C.
Counsel
412 Queen St., Suite 210
Fredericton, New Brunswick
E3B 1B6
Telephone: (506) 444-5539
FAX: (506) 462-2290
Email: ben.reentovich@gnb.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: New Brunswick (Minister of Social Development)
Counsel
10 Peel Plaza
3rd Floor, Saint John Law Courts
Saint John, New Brunswick
E2L 3G6
Telephone: (506) 658-2400
FAX: (506) 658-2443
Email: Scott.Larson@gnb.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Judgments and orders — Reasons — Status of persons — Child protection — Court of Appeal conducting its own analysis of the evidence where application judge’s reasons were found to be insufficient — Whether the Court of Appeal erred in law in applying Rule 62.21(1) of the New Brunswick Rules of Court to make the order it felt was appropriate without the benefit of having heard or seen the evidence where the application judge’s reasons were found to be deficient.
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 Minister of Social Development (“Minister”) sought an order for permanent guardianship of the applicants’ four children due to an alleged lack of parenting capacity on the part of the applicants. The children have been in the care of the Minister since January 2018, under a series of supervisory and custodial orders. The applicants had supervised parenting time with the children.
Lower court rulings
Court of Queen’s Bench of New Brunswick
2020 NBQB 185, FDSJ-31-2018
Order for permanent guardianship of applicants’ four children with no right of access for parents
Court of Appeal of New Brunswick
2021 NBCA 25, 79-20-CA
Applicants’ 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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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