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- Parties: The petitioner was D.V.A. The respondent was S.J.A.
- Subject Matter: In a case before the Family Division, the petitioner requested a change of the name of his child. The respondent resisted the request. In the usual course, provisions of Manitoba’s Change of Name Act governed a request to change a child’s name. The issue of interpretation in this case was whether the court had jurisdiction under the Family Law Act to grant the petitioner’s requested relief or whether the intent of the Change of Name Act was to provide a complete and exhaustive scheme for changing a child’s name.
- Ruling: The court ruled in the respondent’s favour, agreed with the second interpretation, and dismissed the petitioner’s request under s. 37(2)(e) of the Family Law Act. The court noted that the proper route for the requested relief was under the statutory scheme in the Change of Name Act. The court added that petitioner’s recourse was to pursue a request relating to his child with the Director of Vital Statistics under the Change of Name Act.
- Date: The court released its decision on Jan. 15, 2025.
- Venue: This was a case before the Court of King's Bench of Manitoba.
- Amount: The court found no award of costs appropriate, given that the somewhat novel and relatively narrow issue in this case arose within a much broader and complicated dispute between the parties, who ultimately resolved the dispute by agreement.
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Respondent
Petitioner
Court
Court of King's Bench ManitobaCase Number
FD 21-01-28331Practice Area
Family lawAmount
Not specified/UnspecifiedWinner
RespondentTrial Start Date