Director of the Parentage and Maintenance Act (Alta.) v. B.C., (1993) 143 A.R. 181 (QB)

• Judge: Deyell, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: August 03, 1993
• Citations: (1993), 143 A.R. 181 (QB)

Dir. of Parentage & Maintenance v. B.C. (1993), 143 A.R. 181 (QB)

MLB headnote and full text

The Director Of The Parentage and Maintenance Act on behalf of M.T. (appellant/applicant) v. B.C. (respondent/respondent)

(Action No.: 9101-13918)

The Director of the Parentage and Maintenance Act on behalf of M.L.B. (appellant/applicant) v. B.C. (respondent/respondent)

(Action No.: 9201-08737)

Indexed As: Director of the Parentage and Maintenance Act (Alta.) v. B.C.

Alberta Court of Queen's Bench

Judicial District of Calgary

Deyell, J.

August 3, 1993.

Summary:

The Director of Parentage and Mainte­nance brought two applications to have B.C. declared the parent of two infants. Tissue tests excluded B.C. from being the father and the Director withdrew the applications. B.C. was awarded costs of the applications against the Director. The Director applied for leave to appeal the order of costs.

The Alberta Court of Queen's Bench denied the application for leave.

Infants - Topic 2522

Illegitimate children - Filiation proceedings - Practice and costs - The Director of Parentage and Maintenance brought two applications to have B.C. declared the parent of two infants - Tissue tests excluded B.C. from being the father and the Director withdrew the applications - B.C. was awarded costs of the applications against the Director - The Director applied for leave to appeal the order of costs - The Alberta Court of Queen's Bench denied the application for leave, where, inter alia, the facts of the case and the appropriate legal principles in making a cost order in parentage and maintenance cases were before the court and there was no suggestion that the order was based on irrelevant considerations.

Cases Noticed:

Campbell (Donald) & Co. v. Pollak, [1927] A.C. 732, consd. [para. 5].

Prodon v. Vickrey et al. (1988), 93 A.R. 244; 62 Alta. L.R.(2d) 76 (Q.B.), dist. [para. 7].

Axelrod v. Beth Jacob of Kitchener, [1943] O.W.N. 80; [1943] 2 D.L.R. 115 (H.C.) dist. [para. 7].

Bondy v. Bondy (1978), 6 C.P.C. 117 (Ont. H.C.), refd to. [para. 8].

Currie v. Thomas (1985), 3 C.P.C.(2d) 42 (B.C.C.A.), consd. [para. 10].

Hibbard v. York Tp. (1915), 25 D.L.R. 836; 34 O.L.R. 377 (S.C.), consd. [para. 11].

Lucas v. Davidson & Esser (1924), 25 O.W.N. 527, consd. [para. 12].

Morrison v. Morrison, [1928] 2 D.L.R. 998 (Ont. C.A.), refd to. [para. 15].

Livingstone v. Edmonton (City) (1915), 25 D.L.R. 313 (Alta. C.A.), refd to. [para. 16].

Stuart v. Calgary & Edmonton Railway, [1927] 3 W.W.R. 678; 23 Alta. L.R. 205; [1928] 1 D.L.R. 24 (C.A.), refd to. [para. 16].

Bjorninen v. Mercredi, [1984] 2 W.W.R. 646; 27 Man.R.(2d) 67 (C.A.), refd to. [para. 16].

C & I Insulation Distributors Ltd. et al. v. 318648 Alberta Ltd. et al. (1989), 98 A.R. 305; 37 C.P.C.(2d) 130 (C.A.), refd to. [para. 16].

Shaw v. Grey (1969), 69 W.W.R.(N.S.) 559 (B.C.C.A.), refd to. [para. 17].

Walde v. Podwysocki (1991), 120 A.R. 117; 8 W.A.C. 117; 1 Alta. L.R.(3d) 187 (C.A.), refd to. [para. 18].

Statutes Noticed:

Rules of Court (Alta.), rule 505 [para. 4].

Authors and Works Noticed:

Orkin, M.M., Law of Costs (1987), gen­erally [para. 15].

Counsel:

B. Limpert, for the appellant;

J.E. Russell, for the respondent.

This case was heard before Deyell, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the fol­lowing judgment on August 3, 1993.