Court of Appeal

                                NOVA SCOTIA COURT OF APPEAL

Citation:  D.C. v. Children’s Aid Society of Cape Breton Victoria,

2009 NSCA 73

Date: 20090619

Docket: CA 301254

Registry: Halifax

Between:

D. C.

Appellant

v.

Children’s Aid Society of Cape Breton Victoria

Respondent

Restriction on publication:      Pursuant to s. 94(1) Children and Family Services Act

Judge:                            The Honourable Justice Roscoe

Appeal Heard:                May 25, 2009

Subject:       Torts, negligence, duty of care, child protection, reasonable cause of action

Summary:   The father of a child apprehended by the Children’s Aid Society at birth sued the Agency for negligence, malicious prosecution, abuse of process, breach of fiduciary duty and defamation of character. A Supreme Court chambers judge struck out the statement of claim pursuant to Civil Procedure Rule (1972) 14.25 because it disclosed no reasonable cause of action.

Issues:         Did chambers judge err in finding that the statement of claim, as the appellant proposed to amend it, disclosed no reasonable cause of action?

Result:        Appeal dismissed. Based on Syl Apps Secure Treatment Centre v. B.D., 2007 SCC 38, [2007] 3 SCR 83,  the statement of claim, even as proposed to be amended, disclosed no reasonable cause of action.  The chambers decision disclosed no error of law and the appellant has not shown that any patent injustice results from the order striking out the statement of claim.