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The court ordered DNA testing of the parties’ eldest child under s. 33(2)(b) of the Family Law Act to resolve a parentage dispute raised after separation.
Respondent’s undue hardship claim failed because he did not provide required comparative disclosure and had not proven inability to pay; recipient established a material change in income and effective notice in June 2012 and respondent’s prolonged, blameworthy non-disclosure justified retroactivity from June 2012 to June 2024; respondent ordered to pay retroactive guideline shortfall of $32,546 plus half of tutoring ($3,035); ongoing support terminated as of June 30, 2024; paternity declared and birth register to be amended to include respondent as father.
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Court declined to order paternity testing at this time because, after weighing statutory authority and case law, the child's best interests and risk of significant prejudice to a medically and psychologically vulnerable 13-year-old outweighed the applicant's interest in immediate testing; court left application open for review no earlier than 18 months to balance stability and the child's right to know.
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The court held that an adult child in full-time post-secondary education remained a child for support purposes and varied prior support retroactively.
The court dismissed Jeramey Angus’s support-variation applications, found no material change in circumstances, and imputed Guidelines income at $181,400.
The court varied child support and s. 7 expenses, imputed 2015 income at $18,500, and limited retroactive support to October 1, 2013 because of notice and hardship.
Under the ISOA the court applies Nova Scotia law which permits ordering paternity testing and drawing an adverse inference from a mother's failure to submit; therefore the court ordered the mother and child to submit to DNA testing by specified deadlines and warned that failure would lead to a declaration that the respondent is not the father and dismissal of the support application.
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Appeal from a Provincial Court order for DNA paternity testing was dismissed. The court held the testing could be ordered before the adult claimant proved s. 87 child status.
The court granted the claimant sole custody and guardianship, ordered supervised access for the respondent, and awarded retroactive and ongoing child support.
The court granted retroactive child support from October 1, 2008 to April 1, 2011, maintained ongoing support at $750 monthly, and ordered contributions to EP’s post-secondary expenses.
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