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The court held that stored sperm was property, vested in the petitioner on intestacy, and could be released for her use despite the absence of written consent.
Noël J.A. (majority) held that paragraph 3(1)(b) requires a genetic link between the child and the Canadian parent for derivative citizenship; the presumption of deference was rebutted and the citizenship officer’s interpretation that DNA/genetic connection is required was correct, therefore the Federal Court’s contrary decision was set aside.
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Appeal from a family-law chambers order refusing to vary a DNA-testing order. The court held leave to appeal was required but dismissed the leave application.
The embryo is a human organism adapted by its structure to develop into a human being and therefore falls within the meaning of 'organ' in s.118.2(2)(l.1); consequently expenses incurred to enable the embryo transplant are allowable medical expenses under that provision, except the single mistaken item of $16.44.
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