Jennifer Dietrich Suzor

The parties separated, executed a separation agreement dividing their property, and later reconciled.

The trial judge found they reconciled in February 1998 and that the property division in the separation agreement survived the reconciliation, resulting in no equalization payment.

On appeal, the Court of Appeal upheld the reconciliation date but found the trial judge erred in concluding the entire property division survived.

The Court held that while the specific transfer of the matrimonial home was intended to be final, the rest of the agreement was voided by the reconciliation.

The appeal was allowed, and an equalization payment was ordered based on a modified Net Family Property Statement.

The appellant appealed an order striking her statement of claim, which sought a declaration that the respondent's deceased son was the biological father of her adult son, and requested paternity testing from the respondent.

The Court of Appeal dismissed the appeal, holding that the parens patriae jurisdiction could not be invoked to override section 5(2) of the Children's Law Reform Act, which expressly prohibits an application for a declaration of parentage unless both persons whose relationship is sought to be established are living.