Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41021
K.M v. Minister of Community Services (Nova Scotia)
(Nova Scotia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-03-15 | Close file on Leave | |
| 2024-03-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-03-14 | Judgment on leave sent to the parties | |
| 2024-03-14 |
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 Nova Scotia Court of Appeal, Number CA 520524, 2023 NSCA 67, dated June 13, 2023, is dismissed. Dismissed |
|
| 2024-03-14 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2024-02-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-02-12 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-01-18 | Certificate (on limitations to public access), (Letter Form), 23B;, (Printed version filed on 2024-01-19) | K.M |
| 2024-01-18 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-01-19, (Printed version filed on 2024-01-18) | K.M |
| 2024-01-11 | Notice of name, (Letter Form), (Printed version due on 2024-01-18) | Minister of Community Services (Nova Scotia) |
| 2024-01-09 | Certificate (on limitations to public access), (Letter Form), 23B;, (Printed version due on 2024-01-16) | Minister of Community Services (Nova Scotia) |
| 2024-01-09 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version due on 2024-01-16) | Minister of Community Services (Nova Scotia) |
| 2024-01-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-01-11, (Printed version filed on 2024-01-10) | Minister of Community Services (Nova Scotia) |
| 2023-11-30 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2023-11-30 | |
| 2023-11-27 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2023-11-27) | K.M |
| 2023-11-27 | Certificate (on limitations to public access), (Letter Form), 23A, (Electronic version filed on 2023-11-27) | K.M |
| 2023-11-27 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2023-11-30, (Printed version filed on 2023-11-27) | K.M |
| 2023-11-27 |
Application for leave to appeal, (Book Form), Missing: Filing Fee (Rec'd 2023-11-30), Completed on: 2023-12-01, (Printed version filed on 2023-11-27) |
K.M |
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 |
|---|---|---|
| K.M | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Community Services (Nova Scotia) | Respondent | Active |
Counsel
Party: K.M
Counsel
Lee V. Seshagiri
401-5475 Spring Garden Road
Halifax, New Brunswick
B3J 3T2
Telephone: (902) 420-2820
FAX: (902) 428-5736
Email: lola.gilmer@nslegalaid.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Minister of Community Services (Nova Scotia)
Counsel
Amanda Dillman
1690 Hollis Street – 9th Floor
Halifax, Nova Scotia
B3J 1V7
Telephone: (902) 456-4324
FAX: (902) 424-7158
Email: alison.campbell@novascotia.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Family law — Child protection — Interim hearing — When does an apprehension or a taking into care take place, in order to require a child protection agency to comply with the requirement of Winnipeg Child and Family Services v. K.L.W., 2000 SCC 48, to promptly bring the matter before a court — Children and Family Services Act, S.N.S. 1990, c. 5.
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.
(PUBLICATION BAN IN CASE)
The respondent Minister of Community Services originally became involved with the family of a young child due to a police referral citing concerns of domestic violence. Several months later, the child’s maternal grandmother contacted the Minister to report concerns respecting the mental health and drug use of the child’s mother, K.M., the applicant. The grandmother advised that K.M. had left the child with her five weeks prior. A couple of days later, K.M. went to the grandmother’s home seeking to retrieve the child. Police became involved and the child remained with the grandmother. The following day, social workers went to K.M.’s home to discuss the referral concerns. A little while later, K.M. again went to the grandmother’s home in an unsuccessful attempt to retrieve the child. Shortly thereafter, the Minister held a Risk Management Conference and the following day, social workers met with K.M. and advised her that a file had been opened for long-term services. K.M. was further told the Minister wanted the child to remain with the grandmother while services were being accessed.
The Minister filed a Notice of Child Protection Application but the application was dismissed as it was determined by the hearing judge that the child was constructively taken into care when the Minister directed K.M. to leave the child with the grandmother. In light of the fact that the application was not filed within five working days of the date of the taking, the Minister did not meet the legislated deadline for filing its application. The Minister recommenced protection proceedings but also sought to appeal the decision of the hearing judge. The Court of Appeal allowed the appeal.
Lower court rulings
Supreme Court of Nova Scotia (Family Division)
127865, 2023 NSSC 8
Child protection proceeding dismissed for lack of jurisdiction
Nova Scotia Court of Appeal
2023 NSCA 67, CA 520524
Appeal allowed; previous order set aside
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
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