Kotyk v. Jackson, (1991) 96 Sask.R. 175 (ProvCt)

• Judge: Archambault, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: September 10, 1991
• Jurisdiction: Saskatchewan
• Citations: (1991), 96 Sask.R. 175 (ProvCt)

Kotyk v. Jackson (1991), 96 Sask.R. 175 (ProvCt)

MLB headnote and full text

Angela Arlene Kotyk (applicant) v. Philip Darcy Lee Jackson (respondent)

Indexed As: Kotyk v. Jackson

Saskatchewan Provincial Court

Prince Albert, Saskatchewan

Archambault, P.C.J.

September 10, 1991.

Summary:

A single mother applied for a declaration that the respondent was the father of her child and for child support from him.

The Saskatchewan Provincial Court dis­missed the application.

Infants - Topic 2520

Illegitimate children - Filiation proceed­ings - Evidence - In a paternity suit the court accepted a medical report respecting red cell antigen determination and DNA fingerprinting tests performed on blood specimens of the alleged father, the mother and the child - The testing provided no basis for excluding paternity by the alleged father, and were "strongly suggestive of the likelihood" of paternity - The Saskatchewan Provincial Court held that given the conflict of evidence, the probative value of the report was insuffi­cient to allow it to conclude that the re­spondent was the father on a balance of probabilities - The court noted ambiguities and deficiencies in the report.

Counsel:

J. Crane, for the applicant;

P. West, Q.C., for the respondent.

This application was heard before Arch­ambault, P.C.J., of the Saskatchewan Prov­incial Court, Prince Albert, whose decision was delivered orally on September 10, 1991.