Digest: Kachur v Predy, 2018 SKQB 115

• Date: April 19, 2018

Reported as: 2018 SKQB 115

Docket Number: FLD 20/18 JCS , QB17507

Court: Court of Queen's Bench

Date: 2018-04-19

Judges:

• MacMillan-Brown

Subjects:

• Family Law � Custody and Access � Person of Sufficient Interest

Digest: The petitioner applied to be declared a person of sufficient interest with respect to her granddaughter and to be granted access. The petitioner�s daughter, the respondent, gave birth to the child in August 2017, but did not inform the petitioner. The petitioner and the respondent have been estranged since 2015. The petitioner had never seen her granddaughter. The respondent and her husband opposed the application because the petitioner had never had a relationship with the child and it would not be in her best interests for the petitioner to have access to her. HELD: The application was dismissed. The petitioner was unable to meet the onus of establishing that she was a person of sufficient interest within the meaning of s. 6 of The Children�s Law Act, 1997 because she did not have a significant relationship with the child and had not demonstrated a settled ongoing commitment to her.

Statutes Considered:

• Children�s Law Act, 1997, SS 1997, c C-8.2, s 6
• Children�s Law Act, 1997, SS 1997, c C-8.2, s 9
• Queen�s Bench Act, 1998, SS 1998, c Q-1.01, s 44.1(2)(a)

Cases Considered:

• D.L.C. v G.E.S., 2006 SKCA 79, 270 DLR (4th) 597, [2006] 11 WWR 101, 285 Sask R 19, 29 RFL (6th) 74
• Kuntz v Hogan, 2006 SKQB 251, 281 Sask R 65
• Preston v Hrycan, 2008 SKQB 190, 316 Sask R 311