The moving parties, the parents of a child made a Crown ward, sought to set aside a Registrar's order dismissing their appeal for failure to perfect, and requested an extension of time to perfect the appeal.
The respondent Children's Aid Society argued the court lacked jurisdiction because the child had already been placed for adoption following the Registrar's dismissal.
The Divisional Court held that the placement of the child for adoption overrides the opportunity for a review of the Registrar's order under Rule 61.16(5), subject to the child's best interests.
Finding that further delay in permanent placement would not be in the child's best interests, the court dismissed the motion.
