Family Court

Decision Information

Decision Content

FAMILY Court of Nova Scotia

Citation: Nova Scotia (Health) v. A.E.P., 2014 NSFC 2

Date: 20140120

Docket: Yarmouth No. F.C. No.  APA 082193

Registry: Yarmouth

Between:

Minister of Health for the Province of Nova Scotia

Applicant

v.

A.E.P.

Respondent

 

Judge:

The Honourable Judge John D. Comeau, JFC

Heard:

November 20, 2013, in Yarmouth, Nova Scotia

 

 

 

 

 

 

Issues:

Review.  Adult in need of protection

 

Summary:

This is a review of an order finding the Respondent an adult in need of protection.  The Respondent A.E.P. agrees she is in need of protection but requests to return home with the assistance of the Minister.  She is presently residing in a nursing home having been placed there by the Minister.

 

Result:

The Court applied the principles set out in the Supreme Court of Canada of Nova Scotia (Minister of Health) v. J.J. (2005) SCC 12, and found the Minister cannot place the adult in a nursing home and then leave the person there.  The Minister was ordered to provide services for transition, other than those provided by the home, to be certain the adult was happy and secure in the nursing home.

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