Nunweiler v. Macdonald, (1983) 26 Sask.R. 89 (QB)

JudgeGrotsky, J.
CourtCourt of Queen's Bench of Saskatchewan (Canada)
Case DateJune 28, 1983
JurisdictionSaskatchewan
Citations(1983), 26 Sask.R. 89 (QB)

Nunweiler v. Macdonald (1983), 26 Sask.R. 89 (QB)

MLB headnote and full text

Nunweiler v. Macdonald

(43 and 43A A.D. 1983)

Indexed As: Nunweiler v. Macdonald

Saskatchewan Court of Queen's Bench

Judicial Centre of Kerrobert

Grotsky, J.

June 28, 1983.

Summary:

The mother and father of two children were divorced after four years of marriage because of the father's destructive attitude, alcoholism and violence. He went on to become convicted of serious crimes, but claimed he reformed in prison. The mother remarried to a responsible, hard-working man with strong community and family ties. He applied to adopt the children, aged six and four. The father refused to consent and opposed the applications.

The Saskatchewan Court of Queen's Bench allowed the applications and dispensed with the father's consent in the best interests of the children.

Family Law - Topic 1567

Adoption - Consent of parents - Dispensing with consent - Considerations - The Family Services Act, R.S.S. 1978, c. F-7, ss. 52(1)(a), 53 - A stepfather applied to adopt the children of his wife, aged six and four - The wife's marriage to the father of the children had ended because of the father's destructive attitude, alcoholism and violence - The father later claimed to have been reformed by prison terms for serious crimes - The Saskatchewan Court of Queen's Bench granted the stepfather's adoption petition and dispensed with the father's consent in the best interests of the children.

Cases Noticed:

Baker et al., Re; Wilkinson v. Baker (1976), 20 R.F.L. 392, consd. [para. 4].

Carriere v. Brown (1978), 30 R.F.L. 25, consd. [para. 4].

Anderson, Re (1979), 6 R.F.L.(2d) 169, affd. (1979), 3 Sask.R. 271; 10 R.F.L. (2d) 286, appld. [para. 4].

Goldstein v. Brownstone (1971), 3 R.F.L. 4, appld. [para. 4].

Sobering v. Sergeant (1972), 6 R.F.L. 51, consd. [para. 4].

Liffiton et al. and Campbell, Re (1972), 7 R.F.L. 353, consd. [para. 4].

Smith et al. v. Harvey (1975), 19 R.F.L. 367, consd. [para. 4].

McKee v. McKee, [1951] A.C. 352; [1951] 1 All E.R. 942, appld. [para. 26].

Ross v. Anderson (1979), 3 Sask.R. 271; 10 R.F.L.(2d) 286, appld. [para. 4].

Statutes Noticed:

Family Services Act, R.S.S. 1978, c. F-7, sect. 52(1)(a), sect. 53 [para. 3].

Counsel:

R.W. Elson, for the petitioner;

B. Gares, for the respondent.

This case was heard before Grotsky, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Kerrobert, who delivered the following judgment on June 28, 1983:

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1 practice notes
  • B.C. v. E.T., (1995) 135 Sask.R. 278 (FD)
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • October 16, 1995
    ...It was in the child's best interests to have an ongoing relationship with both natural parents. Cases Noticed: Nunweiler v. MacDonald (1983), 26 Sask.R. 89 (Q.B.), refd to. [para. Ross v. Anderson (1979), 3 Sask.R. 271 (C.A.), refd to. [para. 7]. MacGyver v. Richards (1995), 84 O.A.C. 349; ......
1 cases
  • B.C. v. E.T., (1995) 135 Sask.R. 278 (FD)
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • October 16, 1995
    ...It was in the child's best interests to have an ongoing relationship with both natural parents. Cases Noticed: Nunweiler v. MacDonald (1983), 26 Sask.R. 89 (Q.B.), refd to. [para. Ross v. Anderson (1979), 3 Sask.R. 271 (C.A.), refd to. [para. 7]. MacGyver v. Richards (1995), 84 O.A.C. 349; ......

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