LKD v ALBERTA (CHILD, YOUTH AND FAMILY ENHANCEMENT ACT, DIRECTOR), 2019 ABCA 51
PAPERNY, VELDHUIS AND HUGHES JJA
3.68: Court options to deal with significant deficiencies
14.92: Authority of the Registrar
The Appellant’s child was apprehended by the Director under the Child, Youth and Family Enhancement Act, RSA 2000, c C-12. Several parties brought private guardianship applications in relation to the child. The Appellant brought a claim for damages against the Director alleging wrongful conduct.
The Director applied to strike the Action as being frivolous, irrelevant, or improper under Rule 3.68(2)(c). The Chambers Judge found that the Appellant’s complaint was in contradiction to the findings of fact made in the guardianship Trial. The Chambers Judge concluded that the Action was improper and frivolous and the Appellant’s Statement of Claim was struck as a result.
The Appeal was then brought to the attention of the Court for summary determination pursuant to Rule 14.92 in consultation with the Case Management Officer. The Court of Appeal considered the Appellant’s grounds of appeal and dismissed the Appellant’s Appeal.View CanLII Details