Reid v. Marion, (1981) 7 Man.R.(2d) 146 (ProvCt)

• Judge: Carr, P.C.J.
• Court: Provincial Court of Manitoba (Canada)
• Case Date: March 26, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 7 Man.R.(2d) 146 (ProvCt)

Reid v. Marion (1981), 7 Man.R.(2d) 146 (ProvCt)

MLB headnote and full text

Reid v. Marion

Indexed As: Reid v. Marion

Manitoba Provincial Court

Family Division

Carr, P.C.J.

March 26, 1981.

Summary:

This case arose out of a mother's application for support by the putative father of her illegitimate child.

The Manitoba Provincial Court allowed the application.

Evidence - Topic 2293

Special modes of proof - Judicial notice - Particular matters - Human body - Gestation period - The Manitoba Provincial Court stated that a court can take judicial notice of a 40 week human gestation period - See paragraph 17.

Infants - Topic 2520

Illegitimate children - Filiation proceedings - Evidence - The Manitoba Provincial Court stated and discussed evidence which would corroborate a mother's allegation of paternity in filiation proceedings - See paragraphs 7 to 18.

Infants - Topic 2557

Illegitimate children - Support - By putative father - Periodic payments - A mother received $461.30 per month from welfare and from the father for the support of a previous child - The father earned between $700.00 and $800.00 net per month - The Manitoba Provincial Court ordered the father to pay $120.00 per month for the second child, so the father's total payment per month was $210.00 - See paragraphs 19 to 24.

Infants - Topic 2558

Illegitimate children - Support - By putative father - Lump sum - A mother claimed $95.00 as lying-in expenses or expenses incurred during pregnancy - The Manitoba Provincial Court allowed the claim, holding it reasonable - See paragraph 25.

Infants - Topic 2559

Illegitimate children - Support - By putative father - Termination of - S. 67(2) of the Child Welfare Act stated that termination of payments shall occur upon the occurrence of "any one or more of" the following events - A mother submitted that the phrase "any one or more of" suggested that the legislation did not create automatic termination, but left termination to the court's discretion - The Manitoba Provincial Court held that despite the phrase, the legislation provided automatic termination in the event of any of the listed occurrences - See paragraphs 26 to 30.

Infants - Topic 2564

Illegitimate children - Support - Awards - Relevant considerations - The Manitoba Provincial Court stated that social assistance received by a mother should not be considered in determining the mother's ability to contribute to the child's support and thus affect the determination of what the father should contribute, because it places on the state an obligation to support the child - See paragraph 24.

Cases Noticed:

Simpson v. Collinson, [1964] 1 All E.R. 262 (C.A.), refd to. [para. 9].

R. v. Baskerville, [1916] 2 K.B. 658; [1916-17] All E.R. 38, refd to. [para. 14].

Comeau v. Gauthier (1971), 3 R.F.L. 55, folld. [para. 17].

Berthelette v. Chezick (1975), 25 R.F.L. 31, consd. [para. 26].

Statutes Noticed:

Child Welfare Act, R.S.M. 1970, c. C-80, sect. 66 [para. 7]; sect. 67(2) [para. 26]; sect. 68 [para. 22].

Counsel:

B. Kapoor, for the applicant;

P. Moss, for the respondent.

This case was heard by CARR, P.C.J., of the Manitoba Provincial Court, Family Division, who on March 26, 1981, delivered the following judgment: