H. (D.) v. M. (H.), [1999] 1 S.C.R. 328

N.H. and D.H. Appellants

v.

H.M., M.H. and Director of Child, Family and Community Services Respondents

Indexed as: H. (D.) v. M. (H.)

File No.: 26555.

1999: February 17.[^1]

Present: Lamer C.J. and L’Heureux‑Dubé, Gonthier, Cory, McLachlin, Iacobucci, Major, Bastarache and Binnie JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA

Family law -- Custody -- Adoption -- Trial judge's order awarding custody of child to adoptive grandparents restored.

APPEAL from a judgment of the British Columbia Court of Appeal (1998), 1998 BCCA 4431, 156 D.L.R. (4th) 548, 103 B.C.A.C. 180, 169 W.A.C. 180, [1998] 3 C.N.L.R. 59, [1998] B.C.J. No. 221 (QL), reversing a judgment of the British Columbia Supreme Court, 1997 BCSC 667, [1997] B.C.J. No. 2144 (QL), awarding custody to the appellants. Appeal allowed.

Julius H. Grey, for the appellants.

James G. Martin, for the respondent H.M.

Derrick A. Daniels, for the respondent M.H.

The judgment of the Court was delivered orally by

The Chief Justice

[1] The Chief Justice – There being no error committed by the trial judge, the Court is of the view to allow the appeal, set aside the judgment of the Court of Appeal and restore the order of Mr. Justice Bauman of the Supreme Court of British Columbia. There shall be no order as to costs.

[2] The Court notes that counsel for appellants made an undertaking to the effect that the transfer of the child shall be done in an orderly fashion in the best interest of the child. If the parties cannot agree in that regard, the trial judge retains jurisdiction in this matter.

Judgment accordingly.

Solicitors for the appellants: Grey, Casgrain, Montréal.

Solicitor for the respondent H.M.: James G. Martin, North Vancouver.

Solicitor for the respondent M.H.: Derrick A. Daniels, North Vancouver.

[^1]: Motion for a re‑hearing dismissed May 3, 1999.