Clarke v. Biggs, (1984) 1 O.A.C. 292 (DC)

Judge:O'Driscoll, Gray and Sirois, JJ.
Court:Superior Court of Justice of Ontario
Case Date:January 19, 1984
Jurisdiction:Ontario
Citations:(1984), 1 O.A.C. 292 (DC)
 
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Clarke v. Biggs (1984), 1 O.A.C. 292 (DC)

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Clarke v. Biggs

(Suit No. 543/83)

Indexed As: Clarke v. Biggs

Ontario Divisional Court

O'Driscoll, Gray and Sirois, JJ.

January 19, 1984.

Summary:

In filiation proceedings a man submitted to blood tests. The mother applied for and was granted an order that the man re-attend for further blood tests. The man appealed.

The Ontario Divisional Court allowed the appeal and set aside the order requiring the man to re-attend for further blood tests.

Infants - Topic 2520

Illegitimate children - Filiation proceedings - Evidence, blood tests - The Ontario Divisional Court interpreted s. 10 of the Children's Law Reform Act and held that s. 10 contemplated only one series of blood tests - See paragraph 11.

Infants - Topic 2520

Illegitimate children - Filiation proceedings - Evidence, blood tests, considerations - The Ontario Divisional Court stated that both the interests of justice and the best interest of the child are appropriate considerations in hearing an application for leave to obtain blood tests - The court stated that the general interest of justice must be paramount - See paragraph 13.

Cases Noticed:

McCartney v. Amell, 35 O.R.(2d) 651, refd to. [para. 13].

Statutes Noticed:

Children's Law Reform Act, R.S.O. 1980, c. 68, sect. 10 [para. 3].

Counsel:

S. Laufer, for appellant, Clarke;

Sandra Birnbaum, for respondent, Biggs.

This appeal was heard by O'Driscoll, Gray and Sirois, JJ., of the Ontario Divisional Court. The judgment of the Divisional Court was delivered by Gray, J., and was released on January 19, 1984.

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