Williams v. Williams et al., 2015 MBCA 37

Citation: Williams v. Williams et al., 2015 MBCA 37 Date: 20150415 Docket: AF14-30-08254 IN THE COURT OF APPEAL OF MANITOBA Coram: Mr. Justice Michel A. Monnin Mr. Justice William J. Burnett Mr. Justice Christopher J. Mainella BETWEEN : MARIE NATALIE WILLIAMS ) M. J. Davids ) for the Appellant (Guardianship Applicant) Appellant ) ) K. L. Webb ) for the Respondent - and - ) C. M.

Branth-Benn ) ) Appeal heard and: JOLENE RUTH ANNE WILLIAMS and ) Decision pronounced: CARLISLE MICHAEL BRANTH-BENN ) April 15, 2015 ) (Respondents) Respondents ) MONNIN J.A. (for the Court): [ 1 ] The appellant, the maternal grandmother of a now five-year-old child, appeals the denial by a motion judge for an order that the respondent father submit to paternity testing.

At the same time, the motion judge dismissed the appellant’s motion for leave to amend her guardianship application for a declaration that the respondent father is not the biological father of the child in question. [ 2 ] The appellant has failed to persuade us that the motion judge made a material error, seriously misapprehended the evidence, or made an error in law. The motion judge considered the relevant jurisprudence and the evidence before him, and it was open to him to make the order that he did. We see no basis on which to interfere with his findings. [ 3 ] Accordingly, the appeal is dismissed with costs.

J.A. J.A. J.A.