Case information

Family law — Custody — New evidence — Whether the application judge erred in process and procedure with the acceptance of unrefuted latent affidavits — Whether the Court of Appeal erred in refusing to accept new updated evidence — Whether the courts below erred by violating principles of judicial independence, impartiality, due process, disclosure, transparency and fairness — Whether courts below failed to obtain and verify accurate and accepted facts and evidence that were impactful on the dispositive nature of serious, critical, complex and conflicted issues.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The parties were married and have three children together. One of the children is over 19 and therefore no longer considered a child of the marriage. The parties separated in 2022. On an interim basis, the father was granted sole decision making authority for the two children and the children were to reside primarily with the father. The father was to consult with the mother on major decisions regarding the children, but if there was a disagreement, the father would make the final decision. The mother was granted parenting time with the children to be determined by the father taking into consideration the children’s best interests. The parties were to mutually agree in advance on special and extraordinary expenses and if the parties were unable to agree, the father would make the final decision. The appeal was dismissed.