Court of Appeal for Ontario

L.E. v. Children and Family Services for York Region

Date: 2004-03-30

File Number: M30460

Counsel: L.E., in person; Helen Trentos, for the respondent.

Reasons for Decision

[1] By the Court: The applicant seeks leave to appeal the order of the Divisional Court dismissing the appeal of the order of the Superior Court making the child a Crown ward. The applicant is the mother of the child and has represented herself throughout the proceedings. From the record it is not clear why the applicant has been unrepresented in the proceedings to date.

[2] There is no basis for granting leave to appeal based on the grounds raised by the applicant. However, because this is a Crown wardship matter with the critical effects that has on the child and on the applicant (see: New Brunswick (Minister of Health and Community Services) v. J.G. and D.V., [1999] 3 S.C.R. 46; 244 N.R. 276; 216 N.B.R.(2d) 25; 552 A.P.R. 25), the court directs that amicus curiae counsel be appointed to assist the court on the issue of whether there are grounds for granting leave to appeal in this case.

[3] Amicus curiae counsel shall have 30 days following appointment to file a new notice and supporting factum, if so advised, and the applicant and the respondent shall have 15 days to file any responding material.

Order accordingly.