Judicial deference to trial judge’s decision

February 28, 2017

Provided that a judge has addressed all of the factors relating to a child’s best interests and has not committed an overriding or palpable error, an appellate court (the Ontario Court of Appeal) will not overturn the trial judge’s decision regarding custody. I successfully defended my client’s award of joint custody from the trial, on an appeal before the Ontario Court of Appeal. The link to the case can be found here.