“As indicated earlier, the respondent was unsuccessful in an appeal of the decision of Trousdale J. regarding the DNA paternity testing in September 2019. The applicant and the child provided their DNA samples to the collection site on January 29, 2019. Trousdale J. had provided a deadline of March 5, 2019 to complete the testing. The testing was further extended after the unsuccessful Divisional Court appeal.
The respondent’s refusal to cooperate with DNA testing does not automatically lead to a finding of paternity. The applicant must prove on a balance of probabilities that the respondent is the parent of L. The court must weigh the refusal with the evidence as a whole: see Beith v. Tassone (2003), 2003 CanLII 88999 (ON CJ), 46 R.F.L. (5th) 248 (Ont. C.J.), at para. 44.
I am reminded of the quote from Hamlet and think that the respondent does “protest too much” in his denials of paternity or financial disclosure. By avoiding the DNA paternity testing, he can continue to deny parentage and maybe save face except to the person who is the most suffering – his Canadian son.”