What is the test for a motion of appeal against a finding that a parent has not met his/her burden?

Nova Scotia, Canada


The following excerpt is from O.E.A v. Nova Scotia (Community Services), 2021 NSCA 28 (CanLII):

On the third aspect of the test, whether there are compelling circumstances consisting of, at least, arguable grounds of appeal, the parent has not met his/her burden. While it is not my task to examine the proposed grounds of appeal to the same extent a panel would, I am to consider whether “… there is a strong case for error at trial and real grounds justifying appellate interference.” (Bellefontaine v. Schneiderman, 2006 NSCA 96 at para. 3.)

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