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]

Endorsement

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.

2The applicant (mother) and the child reside in South Carolina in the United States.

3The respondent (father) resides in London, Ontario. From the outset the respondent raised paternity as an issue.

4A 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.

5The 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.

6Pursuant 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).

7Pursuant to s.11(5) of the Act, the dismissal of an application does not preclude the claimant commencing a new support application.

8The request from the responding jurisdiction to provide the requisite information has been outstanding since 2019.

9The application is dismissed.

ORDER

[10]

Order

I make the following final order:

1. The application is dismissed.

2. 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.