A.C. v. A.A.

A.C. v. A.A.

The Provincial Court judge did not err in exercising discretion to order paternity testing for an applicant over 19 where parentage is disputed; because entitlement to support depends on who the parents are, testing may be ordered before a claimant establishes s.87 status, and the appellate court will not overturn...

Source-derived case information.

Citation
2013 BCSC 354
Parties
Appellant: A. C.; Respondent: A. A.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 March 2013
Procedural Posture
Family Law Maintenance and Paternity Under the Family Relations Act / Appeal From Provincial Court Order to Supreme Court of British Columbia (judicial Review of Discretionary Order)
Outcome
Appeal dismissed; Provincial Court order for paternity testing confirmed
Legal Topics
Dna/paternity Testing, Standing of Adult Child Under S.87 FRA, Statutory Interpretation, Appellate Review of Discretionary Decisions
Source Language
english
Family Law Paternity Child Support Procedural Law Dna/paternity Testing Standing of Adult Child Under S.87 FRA Statutory Interpretation Appellate Review of Discretionary Decisions

Source-derived case record

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Parties

A. C.

Appellant

A. A.

Respondent

Procedural Posture

Family Law Maintenance and Paternity Under the Family Relations Act / Appeal From Provincial Court Order to Supreme Court of British Columbia (judicial Review of Discretionary Order)

Legal Issues

  1. 1 Whether an applicant over 19 must first establish they meet the s.87 definition of 'child' before obtaining a court order for paternity testing
  2. 2 Whether the Provincial Court judge erred in exercising discretion in ordering paternity testing
  3. 3 Whether prior proceedings gave rise to res judicata preventing testing

Ratio Decidendi

The Provincial Court judge did not err in exercising discretion to order paternity testing for an applicant over 19 where parentage is disputed; because entitlement to support depends on who the parents are, testing may be ordered before a claimant establishes s.87 status, and the appellate court will not overturn such a discretionary order absent misdirection or clear injustice. The order directing paternity testing was therefore confirmed.

Court Disposition

Appeal dismissed; Provincial Court order for paternity testing confirmed

Orders

  • Order of the Provincial Court Judge dated March 26, 2012 directing the parties to attend forthwith for DNA/paternity testing is confirmed
  • Initial cost of testing to be borne by the respondent with liberty to apply for sharing or reallocation of costs after results are known