What is the test for DNA testing on the parties and the child?

Ontario, Canada


The following excerpt is from Smith v. Gorges, 2014 ONCJ 378 (CanLII):

[14] Based on Szostek v. Szostek, supra, it is ordered that DNA testing be conducted on the parties and the child on the following terms: (a) The designated authority in Ontario is requested to facilitate the DNA testing with the reciprocal designated authority in Michigan. (b) The designated authority in Ontario is requested to first coordinate the DNA testing of the respondent. This should be arranged through respondent’s counsel. The respondent is to pay for the cost of this testing. (c) The designated authority in Ontario is requested to facilitate the transfer of the testing specimen to the reciprocal designated authority in Michigan. (d) The applicant and the child are to attend and complete the DNA testing in Michigan. (e) The applicant shall be responsible for paying any costs of DNA testing in Michigan. (f) The designated authority in Ontario is asked to request the designated authority in Michigan to facilitate the completion of the DNA testing in Michigan. (g) The designated authority in Ontario is requested to follow through on obtaining and filing the DNA test results. (h) The costs of the DNA testing are subject to re-apportionment once the results are received. (i) The DNA tests will be admitted into evidence without the need to call the persons conducting or interpreting the testing. (j) The DNA testing is to be completed within 180 days.

Other Questions


What is the test for a party’s perspective on the Best Interests and a Child-focussed Approach to Child Protection? (Ontario, Canada)
What is the impact of adding a party to the list of parties in a child protection application? (Ontario, Canada)
What is the burden of proof against a party who is not a party to the birth of the child? (Ontario, Canada)
In a non-Hague Convention case, what is the test for a stay of a return order where the parties' best interests of the child are compromised by postponing the determination of the children’s best interests in the country where they are habitually resident? (Ontario, Canada)
What is the test for laches in an action brought by a party who has been a party to an action for over a year? (Ontario, Canada)
What is the test for having a child in a relationship where the child is not physically or emotionally involved with both parents? (Ontario, Canada)
What is the test for determining whether a child is in need of protection under section 74(2)(b), (f) and (h) of the Child Protection Act? (Ontario, Canada)
If a child takes a gap year before starting secondary education, can that child remain a child of the marriage? (Ontario, Canada)
What is the test for determining the child's need and the ability of the payor parent to pay child support? (Ontario, Canada)
What is the test for assessing a child’s best interests from the perspective of the child rather than that of the parents? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.