T.L.T. v. G.B.

T.L.T. v. G.B.

The Family Court lacks jurisdiction under the Vital Statistics Act to make a paternity declaration or order genetic testing in respect of a child born outside Nova Scotia because the Act operates on Nova Scotia birth records; a declaratory order would be redundant and genetic testing would be contrary to the child's best interests under s.11C, therefore the application is dismissed.

Citation
2012 NSFC 8
Parties
Plaintiff/applicant: T.L.T.; Defendant/respondent: G.B.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
23 April 2012
Procedural Posture
Paternity Declaration Under Vital Statistics Act (family Court) / Application for Declaratory Order and Genetic Testing
Outcome
Application dismissed
Legal Topics
Paternity, Genetic Testing, Jurisdiction, Best Interests of the Child, Registration of Birth Records
Source Language
English
Family Law Statutory Interpretation Vital Statistics Law Paternity Genetic Testing Jurisdiction Best Interests of the Child Registration of Birth Records

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

T.L.T.

Plaintiff/applicant

G.B.

Defendant/respondent

Procedural Posture

Paternity Declaration Under Vital Statistics Act (family Court) / Application for Declaratory Order and Genetic Testing

Legal Issues

  1. 1 Whether the Family Court has jurisdiction under the Vital Statistics Act to make a paternity declaration for a child born outside Nova Scotia
  2. 2 Whether the court may order genetic testing under s.11B for a child born outside Nova Scotia
  3. 3 Whether the court should decline to make an order under s.11C in the best interests of the child

Ratio Decidendi

The Family Court lacks jurisdiction under the Vital Statistics Act to make a paternity declaration or order genetic testing in respect of a child born outside Nova Scotia because the Act operates on Nova Scotia birth records; a declaratory order would be redundant and genetic testing would be contrary to the child's best interests under s.11C, therefore the application is dismissed.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • No order for genetic testing under the Vital Statistics Act