Case information
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35469
N.L.W., et al. v. R.J.P.
(British Columbia) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-11-26 | Close file on Leave | |
| 2013-11-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-11-22 | Judgment on leave sent to the parties | |
| 2013-11-21 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA039596, 2013 BCCA 242, dated May 10, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2013-10-18 | Order on motion to extend time, (by the Deputy Registrar) | |
| 2013-10-18 |
Decision on motion to extend time, DeRg, UPON APPLICATION by the Applicants pursuant to Rule 6 of the Rules of the Supreme Court of Canada for an order granting an extension of time to serve and file a Reply to the Response to the Application for Leave to Appeal to the 9th day of October, 2013, and for such further or other order as this Court deems appropriate; AND UPON the affidavit of Ruth Lea Taylor and other material filed having been read; IT IS HEREBY ORDERED that an extension of time to serve and file the Applicants’ Reply to the Response to the Application for Leave to Appeal is granted nunc pro tunc to the 9th day of October, 2013. Granted |
|
| 2013-10-18 | Submission of motion to extend time, to serve and file the reply, DeRg | |
| 2013-10-15 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2013-10-10 | Response to motion to extend time, (Letter Form), from Gordon Teichroeb dated 2013-10-10, Completed on: 2013-10-10 | R.J.P. |
| 2013-10-08 | Motion to extend time, to serve and file the Reply, Completed on: 2013-10-09 | N.L.W. |
| 2013-10-08 | Applicant's reply to respondent's argument, Service missing (rec'd 2013-10-09), motion to ext time and 5 copies (rec'd 2013-10-09), Completed on: 2013-10-10 | N.L.W. |
| 2013-09-16 | Correspondence received from, Moira Dillon, fax dated 2013-09-16, re.: Applicants will file a reply along with a motion to extend time by the end of September. | N.L.W. |
| 2013-09-06 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-09-06 | R.J.P. |
| 2013-08-12 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2013-08-09 | Application for leave to appeal, Final C/A order missing (rec'd 2013-09-06), service missing (rec'd Aug.20), Completed on: 2013-09-06 | N.L.W. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| N.L.W. | Applicant | Active |
| G.R.W. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| R.J.P. | Respondent | Active |
Counsel
Party: N.L.W.
Counsel
Burnaby, British Columbia
V5G 4P4
Telephone: (604) 439-1995
FAX: (604) 439-1998
Email: ruthlea@shaw.ca
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: G.R.W.
Counsel
Burnaby, British Columbia
V5G 4P4
Telephone: (604) 439-1995
FAX: (604) 439-1998
Email: ruthlea@shaw.ca
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: R.J.P.
Counsel
Vancouver, British Columbia
V6K 2G8
Telephone: (778) 886-4673
FAX: (604) 737-0944
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(PUBLICATION BAN IN CASE) (PUBLICATION BAN ON PARTY) (COURT FILE CONTAINS INFORMATION THAT IS NOT AVAILABLE FOR INSPECTION BY THE PUBLIC)
Family law – Custody – Paternity – Putative father applying to have paternity testing to determine if he was the biological father of infant born to married couple – Whether question of progenitorship takes precedence over the best interests of children? – Whether fact of progenitorship is in the best interests of children? – Whether presumption of paternity survives the disappearance of the status of illegitimacy?
The Applicants were married in 2003 and separated in April, 2008. The wife met the Respondent in May, 2008, shortly after she separated from her husband and they began a sexual relationship. It was in dispute whether or not they had sexual relations during the month of December, 2008 when the wife conceived a child. The Applicants resumed having sexual relations in October of 2008, continuing until they resumed cohabitation in July of 2009. The child was born in September, 2009. The Respondent maintained that he was the father because he and the wife had sexual relations during the month of December but the wife denied this and refused to submit to DNA testing to resolve the matter. The Respondent applied for, inter alia, joint custody, joint guardianship, access and paternity testing.
Lower court rulings
Supreme Court of British Columbia
E9371, 2011 BCSC 1649
Paternity testing ordered
Court of Appeal for British Columbia (Vancouver)
CA039596, 2013 BCCA 242
Applicants’ appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available