GL AND SL v NAH, 2012 ABCA 247


12.71: Appeal from decision of Court of Queen’s Bench sitting as appeal court

Case Summary

The Applicant was the grandmother of a child (“JF”) who had been apprehended from his mother by the Director of Child, Youth and Family Enhancement. The child had been apprehended due to the mother’s continued drug use.

The Director placed JF with the Respondents (“GL and SL”) under a Director’s Temporary Guardianship Order. This later became a Permanent Guardianship. Following a Trial in Provincial Court, guardianship was granted to GL and SL. The Applicant appealed that Decision to the Court of Queen’s Bench.

Manderscheid J. dismissed the Appeal and affirmed the Decision of the Provincial Court. The Applicant then sought leave to appeal the Decision of Manderscheid J. under Rule 12.71. Although Rule 12.71 does not set out the test for leave to appeal, Watson J. described the test as follows:

The test for leave to appeal under Rule 12.71 is that the applicant must show that there is an important question of law or of precedent, that there is a reasonable chance of success on appeal, and that the delay will not unduly hinder the progress of the action or cause undue prejudice …

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