Following a 20 day Trial in Provincial Court in which guardianship of the Applicants’ three grandchildren was granted to the Director of Child, Youth and Family Enhancement the Applicants appealed to the Court of Queen’s Bench. Their Appeal was dismissed for lack of merit and they appealed to the Court of Appeal. The Appeal was struck and the Applicants then applied for permission to appeal the Court of Queen’s Bench Decision pursuant to Rule 14.5(i) and to restore their Appeal to the Court of Appeal’s list.

Justice McDonald noted that, pursuant to Rule 12.71, there is no Appeal as of right from a Court of Queen’s Bench Decision made under the Family Law Act, SA 2003, c F-4.5,  and permission to Appeal can only be granted on a question of law or jurisdiction. McDonald J.A. held that the Applicants had failed to show that there had been an error of law or jurisdiction which would justify an Appeal. As such, their Application was dismissed.