Court File and Parties
COURT FILE NO.: 656/18 DATE: 2022/07/26 SUPERIOR COURT OF JUSTICE – ONTARIO FAMILY COURT
RE: Camryn Taylor Green, Applicant AND: Austin Dyar, Respondent
BEFORE: MITROW J.
COUNSEL: Camryn Taylor Green in person Austin Dyar in person
HEARD: In chambers
ENDORSEMENT
[1] This is a long-standing application for child support under the Interjurisdictional Support Orders Act, 2002, S.O. 2002, c.13, (the "Act") commenced by way of a uniform support petition signed by the applicant in 2017.
[2] The applicant (mother) and the child reside in South Carolina in the United States.
[3] The respondent (father) resides in London, Ontario. From the outset the respondent raised paternity as an issue.
[4] A form 37B Direction to Request Further Information, dated February 20, 2019, was provided to, and directed, the Ontario Interjurisdictional Support Orders Unit to contact the reciprocating jurisdiction to receive a response from the applicant to the respondent's motion and supporting material, including the proposal in the respondent's affidavit sworn January 7, 2019. That affidavit provided a proposal for DNA testing.
[5] The form 37B direction was similar to Henderson J's endorsement dated January 30, 2019, which indicated that the court was awaiting the applicant's response to the respondent's motion and affidavit sworn January 7, 2019. The aforesaid information requested by the court has not been received from the reciprocating jurisdiction.
[6] Pursuant to s.11(4) of the Act, the Ontario court may dismiss a support application if the information requested under s.11(2) is not received from the responding jurisdiction within twelve months. The request for information discussed above falls within s.11(2).
[7] Pursuant to s.11(5) of the Act, the dismissal of an application does not preclude the claimant commencing a new support application.
[8] The request from the responding jurisdiction to provide the requisite information has been outstanding since 2019.
[9] The application is dismissed.
ORDER
[10] I make the following final order:
The application is dismissed.
The clerk shall forward the endorsement and a certified copy of the signed and issued order to the Ontario Interjurisdictional Support Orders Unit and to the respondent.
"Justice Victor Mitrow"
Justice Victor Mitrow
Date: July 26, 2022