Buckman v. Griffin, (1974) 6 Nfld. & P.E.I.R. 104 (NFCA)

• Judge: Noel, J.
• Court: Newfoundland Court of Appeal
• Case Date: February 06, 1974
• Jurisdiction: Newfoundland and Labrador
• Citations: (1974), 6 Nfld. & P.E.I.R. 104 (NFCA)

Buckman v. Griffin (1974), 6 Nfld. & P.E.I.R. 104 (NFCA)

MLB headnote and full text

Buckman v. Griffin

Indexed As: Buckman v. Griffin

Newfoundland Supreme Court

On Appeal

Noel, J.

February 11, 1974.

Summary:

This appeal arose out of the application of the mother of an illegitimate child for maintenance of the child under the Children of Unmarried Parents Act, S. Nfld. 1964, c. 40. Section 22(1) of the Act required that the mother's evidence of paternity be corroborated by some other material evidence. The defendant testified that he had intercourse with the mother during the pertinent period. The Magistrate found the defendant to be the father of the child and ordered the defendant to pay the mother $20.00 per month for support of the child. The defendant appealed. The appeal court dismissed the appeal.

The appeal court held that the testimony of the defendant constituted corroboration of the evidence of the mother - paragraphs 3 to 10.

Infants - Topic 2520

Evidence - Corroboration - What constitutes corroboration - Filiation proceedings - Newfoundland Children of Unmarried Parents Act, s. 22(1), required that the mother's evidence of paternity in filiation proceedings be corroborated by some other material evidence - Putative father testified that he had intercourse with the mother during the pertinent period - Newfoundland Court of Appeal held that the testimony of the putative father constituted corroboration of the mother's evidence - Paragraphs 3 to 10.

Cases Noticed:

Cole v. Manning (1877), 2 Q.B.D. 611, appld. [para. 8].

Munro v. Krause, [1931] 4 D.L.R. 120, appld. [para. 8].

Statutes Noticed:

Children of Unmarried Parents Act, S. Nfld. 1964, c. 40, sect. 22(1) [para. 4]; sect. 23 [para. 10].

Counsel:

Claude Sheppard, for the appellant;

David Baird, for the respondent.

This case was heard on February 6, 1974. Judgment was delivered on February 11, 1974.