The moving party, the biological father of a child made a Crown ward, brought a motion seeking leave to commence a new status review proceeding for the child so that the child's status could be decided alongside his sibling's.
The father argued the court had jurisdiction under s. 134(2) of the Courts of Justice Act to grant leave despite s. 64(7) of the Child and Family Services Act, which prohibits a new status review within six months of the final disposition of an appeal.
The Divisional Court dismissed the motion, holding that the broad jurisdiction under s. 134(2) cannot supplant specific statutory prohibitions.
The court also declined to exercise its parens patriae jurisdiction to override the legislation.
The motion to extend the time for perfecting the appeal was granted.
