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The Ontario Court of Justice lacks jurisdiction to determine parentage between identical twins or award tort damages.
This case conference endorsement addresses a dispute over the paternity of a child where the putative father and his identical twin brother are both alleged fathers with 99.99% certainty from prior paternity tests.
The Ontario Court of Justice considered the jurisdictional limits under the amended Children's Law Reform Act and the All Families Are Equal Act, concluding that the Ontario Court of Justice lacks jurisdiction to determine parentage or grant tort damages related to the case.
The court declined to make further orders and suggested transferring the matter to the Superior Court of Justice.
The court also discussed the high cost of specialized paternity testing required to distinguish between identical twins and the issue of cost-sharing among the parties.
