The respondent brought a motion seeking an order under s.13(1) of the Children’s Law Reform Act declaring he is not the parent of the applicant's child, and for summary judgment dismissing the applicant's claims for child support.
The respondent relied on two negative DNA test results.
The court dismissed the motion, finding that the DNA test reports were inadmissible as evidence because they were not introduced pursuant to a court order under s.17.2(1) of the CLRA, nor were they accompanied by an affidavit from the expert who prepared them, or compliance with the Family Law Rules regarding expert opinion evidence (e.g., expert qualifications or acknowledgement of duty).
The dismissal was without prejudice, allowing the respondent to bring a further motion with proper evidence.
