Court of Appeal

                                  NOVA SCOTIA COURT OF APPEAL

              Citation: R.B. v. Children’s Aid Society of Halifax, 2003 NSCA 49

                                                                                                      Date: 20030501

                                                                                                Docket: CA 194141

                                                                                                    Registry:  Halifax

Between:

                                                           R.B.

                                                                                                               Appellant

                                                             v.

                                       Children’s Aid Society of Halifax

                                                        and S.F.

                                                                                                          Respondents

JUDGE:                         CHIPMAN, J.A.

APPEAL HEARD:         April 17, 2003

JUDGMENT DELIVERED:          May 1, 2003

SUBJECT:       Family Law

Children and Family Services Act, S.N.S. 1990, c. 5

SUMMARY:    The appellant had brought an application in the Supreme Court (Family Division) as grandmother of a child placed in the permanent care of the respondent Agency for party status and leave for the purpose of making an application to terminate the order for permanent care.  It was agreed between the parties that this application and the issue whether she had shown a change in circumstances as contemplated by s. 48(10)(a) of the Act would be heard and the question of the child’s best interests as contemplated by s. 48(10)(b) of the Act be determined later if necessary.  The trial judge granted the application for party standing and leave but dismissed the application on the merits holding that the appellant had failed to demonstrate a change of circumstances.  The appellant appealed and the respondent Agency cross-appealed the order granting party status and leave.

ISSUE:             Whether the learned trial judge erred as alleged in the appeal and cross-appeal.

RESULT:         The Nova Scotia Court of Appeal reviewed the circumstances and determined that the trial judge had erred in granting party status and leave here where the appellant had failed to show compelling circumstances justifying such an order.  The cross-appeal was therefore allowed and as a result the appeal was deemed moot.  No order was made as to costs.