Bagaric v. Juric and Bagaric, (1984) 2 O.A.C. 35 (CA)

• Judge: MacKinnon, A.C.J.O., Arnup and Robins, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: January 19, 1984
• Jurisdiction: Ontario
• Citations: (1984), 2 O.A.C. 35 (CA)

Bagaric v. Juric (1984), 2 O.A.C. 35 (CA)

MLB headnote and full text

Bagaric v. Juric and Bagaric

Indexed As: Bagaric v. Juric and Bagaric

Ontario Court of Appeal

MacKinnon, A.C.J.O., Arnup and Robins, JJ.A.

January 19, 1984.

Summary:

In 1974 a mother's application under the Child Welfare Act for an affiliation order against the alleged father, Juric, was dismissed. In 1976 the mother's appeal was dismissed upon Juric agreeing to pay an amount in settlement. In 1978 the Child Welfare Act was repealed and was replaced by the Children's Law Reform Act, which abolished the notion of illegitimacy and created a right in any interested person or a child to apply for a declaration that a person is his or her father. In 1980 the child applied under the Children's Law Reform Act for a declaration that Juric was her father. Juric's application for an order dismissing the application was dismissed and leave to appeal was refused. Subsequently, a Commissioner ruled that Juric was the child's father and his report was confirmed by the Ontario High Court. Juric appealed on the ground that the matter was res judicata, because of the dismissal of the mother's previous application under the Child Welfare Act.

The Ontario Court of Appeal dismissed the appeal. The court held that the Children's Law Reform Act created a new right in the child to apply for a determination that Juric was her father, which was different and separate from an affiliation application under the repealed Child Welfare Act.

Estoppel - Topic 395

Estoppel by record - Res judicata as bar to subsequent proceedings - Similar claim under different statute - A mother's application under the Child Welfare Act for an affiliation order against the alleged father of her daughter was dismissed - Subsequently, the Child Welfare Act was repealed and was replaced by the Children's Law Reform Act, which gave any interested person or a child the right to apply for a declaration that a man was his or her father - The daughter applied for such an order against the alleged father, who pleaded that the matter was res judicata - The Ontario Court of Appeal held that the Children's Law Reform Act created a new right in the daughter to apply for an order that the man was her father, which was different and separate from an affiliation application under the repealed Child Welfare Act.

Infants - Topic 2501

Illegitimate children - General - Status of - The Ontario Court of Appeal discussed the effect of the Children's Law Reform Act, S.O. 1977, c. 41, which abolished the notion of illegitimacy in Ontario.

Infants - Topic 2513

Illegitimate children - Filiation proceedings - Entitlement to commence proceedings - A mother's application under the Child Welfare Act for an affiliation order against her daughter's alleged father was dismissed - Subsequently, the Child Welfare Act was repealed and was replaced by the Children's Law Reform Act, which gave a child the right to apply for a declaration that a man was his or her father - The daughter applied for such an order against the alleged father, who pleaded that the matter was res judicata - The Ontario Court of Appeal held that the Children's Law Reform Act created a new right in the daughter to apply for an order that the man was her father, which was different and separate from an affiliation application under the repealed Child Welfare Act.

Statutes - Topic 1644

Interpretation - Extrinsic aids - Legislative history - Legislative debates - The Ontario Court of Appeal in construing the effect of the Children's Law Reform Act respecting illegitimacy referred to the Minister's speech upon introducing the Act to the Legislature - See paragraph 34.

Statutes - Topic 1650

Interpretation - Extrinsic aids - Legislative history - Reports of commissions and inquiries - The Ontario Court of Appeal in construing the effect of the Children's Law Reform Act respecting illegitimacy referred to the Report on Family Law of the Ontario Law Reform Commission proposing the Legislation - See paragraphs 32 to 33.

Statutes Noticed:

Children's Law Reform Act, S.O. 1977, c. 41, sect. 1 [para. 25]; sect. 4, sect. 5, sect. 6, sect. 8(1) [para. 26].

Child Welfare Act, R.S.O. 1970, c. 64, sect. 51, sect. 53, sect. 56, sect. 59(1), sect. 59(2), sect. 59(3) [para. 20].

Authors and Works Noticed:

Report on Family Law, Ontario Law Reform Commission, Part III, Children (1973) [para. 33].

Counsel:

Anne Molloy, for the applicant;

Scott Turton, for the respondent.

This case was heard on November 29, 1983, at Toronto, Ontario, before MacKinnon, A.C.J.O., Arnup and Robins, JJ. A., of the Ontario Supreme Court, Court of Appeal.

MacKinnon, A.C.J.O., delivered the following judgment for the Court of Appeal which was delivered on January 19, 1984: