Corcoran v. Baker, (1992) 99 Sask.R. 253 (QB)

• Judge: Armstrong, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: January 28, 1992
• Jurisdiction: Saskatchewan
• Citations: (1992), 99 Sask.R. 253 (QB)

Corcoran v. Baker (1992), 99 Sask.R. 253 (QB)

MLB headnote and full text

Erin Joan Corcoran (appellant) v. Byron Baker (respondent)

(Q.B.M. No. 1009 1991)

Indexed As: Corcoran v. Baker

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Armstrong, J.

January 28, 1992.

Summary:

Twins were born in 1979. In 1980, the natural father, who was not married to the mother, agreed to pay the mother $4,000 for and on behalf of the children. The mother agreed to accept the $4,000 as final settle­ment of all claims by virtue of the Children of Unmarried Parents Act. In 1991 the mother sought maintenance for the children relying on the Family Maintenance Act. The Provincial Court dismissed the application. The mother appealed.

The Saskatchewan Court of Queen's Bench dismissed the appeal.

Infants - Topic 2569

Illegitimate children - Support and other claims - Limitations of actions - In 1980, the natural father of twins born out of wedlock in 1979, paid the mother $4,000 for the children, as final settlement of all claims by virtue of the Children of Unmarried Parents Act - In 1991 the Provincial Court dismissed the mother's application under the Family Maintenance Act for maintenance for the children - The mother appealed - The Saskatchewan Court of Queen's Bench dismissed the appeal - The court held that the Family Maintenance Act should not be construed so as to impair the existing right of the father who had been statutorily relieved of his obligation.

Statutes - Topic 6748

Operation and effect - Commencement, duration and repeal - Prospective enact­ments - Application of, to accrued rights -[See Infants - Topic 2569 ].

Statutes Noticed:

Children of Unmarried Parents Act, R.S.S. 1978, c. C-8, sect. 20(1) [para. 4]; sect. 36 [para. 5].

Family Maintenance Act, S.S. 1990-91, c. F-6.1, sect. 25 [para. 8].

Interpretation Act, R.S.S. 1978, c. I-11, sect. 23(1)(c) [para. 6].

Authors and Works Noticed:

Craies on Statute Law (6th Ed.), p. 388 [para. 7].

Counsel:

Marty D. Brandt, for the appellant;

Andrew Mason, for the respondent.

This appeal was heard before Armstrong, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on January 28, 1992.