H. and H. v. W., (1979) 2 Man.R.(2d) 251 (CA)

• Judge: Freedman, C.J.M., Monnin, Hall, Matas and O'Sullivan, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: November 08, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 2 Man.R.(2d) 251 (CA)

H. v. W. (1979), 2 Man.R.(2d) 251 (CA)

MLB headnote and full text

H. and H. v. W.

Indexed As: H. and H. v. W.

Manitoba Court of Appeal

Freedman, C.J.M., Monnin, Hall, Matas and O'Sullivan, JJ.A.

November 8, 1979.

Summary:

This headnote contains no summary.

Family Law - Topic 1444

Adoption - Considerations in granting adoption order - Best interest of child - A mother and father of two children were divorced after five years of cohabitation - The mother was awarded custody - She remarried and three years later she and her new husband applied to adopt her two children - They provided a warm and loving home and the husband had a good relationship with the children, who did not have a good relationship with their father - The father had substantial financial assets - The Manitoba County Court granted the adoption order; although he would not have done so, if he was of the opinion that the adoption order would cut off the father's access rights under the divorce decree - The father appealed - The Manitoba Court of Appeal dismissed the appeal and held that the County Court correctly based his decision on the best interests of the children.

Note: Leave to appeal to the Supreme Court of Canada was granted on January 22, 1980 - see the Bulletin of Proceedings in the Supreme Court of Canada, January 25, 1980, at page 5.

Cases Noticed:

North v. North, [1978] 6 W.W.R. 75 (B.C.S.C.), refd to. [para. 11].

Re S. et al. (1979), 9 R.F.L.(2d) 48, refd to. [para. 11].

Goldstein v. Brownstone (1970), 75 W.W.R.(N.S.) 193, refd to. [para. 11].

Re Adoption No. H 5877 (1976), 21 R.F.L. 306, refd to. [para. 11].

Sergeant v. Sobering (1970), 71 W.W.R.(N.S.) 283, refd to. [para. 11].

Pshnebnicki v. Yurchuk (1968), 62 W.W.R.(N.S.) 251, refd to. [para. 11].

Statutes Noticed:

Child Welfare Act, C.C.S.M., c. C-80, sect. 100(6), sect. 100(7), sect. 100(8) [para. 13].

Counsel:

A.C. Arenson, for the respondent;

R.J. Graham, for the appellant.

This case was heard on September 12, 1979, at Winnipeg, Manitoba, before FREEDMAN, C.J.M., MONNIN, HALL, MATAS and O'SULLIVAN, JJ.A., of the Manitoba Court of Appeal.

On November 8, 1979, the judgment of the Manitoba Court of Appeal was delivered and the following opinions were filed:

MATAS, J.A. - see paragraphs 1 to 25;

O'SULLIVAN, J.A., dissenting - see paragraphs 26 to 33.

FREEDMAN, C.J.M., and HALL, J.A., concurred with MATAS, J.A.

MONNIN, J.A., concurred with O'SULLIVAN, J.A.