COURT FILE NO.: 584/08
DATE: 20081218
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
FERRIER, LEDERMAN AND SWINTON JJ.
B E T W E E N:
C. B. and D. B.
Applicants
- and -
SHARON GOLLERT, DIRECTOR FOR THE ONTARIO MINISTRY OF COMMUNITY AND SOCIAL SERVI CES AND MINISTRY OF CHILDREN AND YOUTH SERVICES, THE HONOURABLE DEB MATHEWS IN HER CAPACITY AS MINISTER OF CHILDREN AND YOUTH SERVICES, CHILD AND FAMILY SERVICES REVIEW BOARD AND HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO
Respondents
Jeffery Wilson, for the Applicant
Sara Blake, for the Respondents
HEARD at Toronto: December 18, 2008
FERRIER J.: (Orally)
[1] Quite obviously we cannot deliver full reasons today. We will be delivering reasons dealing with procedural fairness and the question of an unreasonable decision of the Director in continuing to place a hold on the matters set out in her letter of October 16, 2008, at Tab "L" of the respondent's record. Those reasons will be delivered in due course but for those reasons, when delivered, this Court orders as follows:
[2] The application for judicial review is granted.
[3] The decision of the Director dated October 16, 2008, to place a hold on the approval process is quashed. The Director is ordered to forthwith (and that means tomorrow), notify in writing the Children's Bridge that the temporary hold is no longer in effect in reference to the Approval of the Proposed Adoption under Article 17 of The Hague Convention, issued to the Central Authority of China on September 24, 2008, in reference to the Letter of Seeking Confirmation issued to the Central Authority of China on September 24, 2008, in reference to the Notification of Agreement issued to Citizenship and Immigration Canada, dated September 24, 2008, and in reference to the Notice of a Director's Decision issued to the Children's Bridge on September 24, 2008.
[4] Further, the Director shall forthwith notify in writing the China Centre of Adoption Affairs that the temporary hold placed on the Approval of the Proposed Adoption under Article 17 of the Hague Convention, and the Letter of Seeking Confirmation issued on September 24, 2008, is no longer in effect; and that the Approval of the Proposed Adoption dated September 24, 2008 is in full force and effect.
[5] Further, the Director shall notify forthwith in writing the Canadian Embassy that the temporary hold placed on the Notification of Agreement issued by the Ministry of Community and Social Services on September 24, 2008, is no longer in effect.
[6] For clarity, this Court declares that the Approval of the Proposed Adoption dated September 24, 2008, is in full force and effect.
[7] The Court file is sealed until further order of this Court.
[8] If the parties are unable to agree on costs, the applicant shall file brief written submissions by January 15, 2009, the respondents within a further ten days and reply if any within five days.
FERRIER J.
LEDERMAN J.
SWINTON J.
Date of Reasons for Judgment: December 18, 2008
Date of Release: December 19, 2008
COURT FILE NO.: 584/08
DATE: 20081218
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
FERRIER, LEDERMAN AND SWINTON JJ.
B E T W E E N:
C.B. and D.B.
Applicants
- and -
SHARON GOLLERT, DIRECTOR FOR THE ONTARIO MINISTRY OF COMMUNITY AND SOCIAL SERVI CES AND MINISTRY OF CHILDREN AND YOUTH SERVICES, THE HONOURABLE DEB MATHEWS IN HER CAPACITY AS MINISTER OF CHILDREN AND YOUTH SERVICES, CHILD AND FAMILY SERVICES REVIEW BOARD AND HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO
Respondents
ORAL REASONS FOR JUDGMENT
FERRIER J.
Date of Reasons for Judgment: December 18, 2008
Date of Release: December 19, 2008