D.A.R.E. v R.J.B.E, 2023 BCSC 1770

In D.A.R.E. v R.J.B.E., 2023 BCSC 1770, Daylyn J. Miller and H. Hailey Graham acted for the Petitioner Father in challenging an ex-parte order from the North Vancouver Provincial Court that appointed a lawyer to the children in a family law matter. While the Respondent Mother and the children’s lawyer argued that the appointment was necessary to ensure the children’s voices were heard, the Petitioner Father argued that the order had been improperly made and lacked sufficient justification.

Ms. Graham conducted the hearing on behalf of the Petitioner Father.  The Honourable Justice Gomery found in favour of the Petitioner Father, holding that the ex-parte order was unreasonable due to procedural errors and failure to meet statutory requirements. The Provincial Court Judge had failed to notify the Petitioner Father and to adequately assess the necessity of legal representation for the children.