3.23: Stay of decision

Case Summary

The Applicant in this case, MBB, applied to resume living with his foster parents until a Judicial Review of a decision which had changed his residence to a group home had been decided. The Application was supported by MBB’s foster parents but opposed by the Director of Child and Family Services (the “Director”). The Director made the decision to change MBB’s place of residence pursuant to the Child, Youth and Family Enhancement Act, RSA 2000, c C-12 (the “CYFEA”).

One of the issues considered by the Court was whether MBB was, in substance, seeking a stay of the Director’s decision. MBB and his foster parents specifically raised Rule 3.23 which allows the Court to grant a stay of a decision or act pending a Judicial Review of that decision or act. However, the Court determined that the Judicial Review Application was premature in this case, as the CYFEA provides its own appeal mechanism for reviewing decisions by the Director. MBB should have used this appeal mechanism prior to filing the Judicial Review Application.

The Application was dismissed and MBB was directed to pursue the appeals process under the CYFEA if he so chose to. The parties were also directed to bear their own Costs.

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