The appellant father appealed a summary judgment order granting custody of his two children to the respondent maternal grandparents.
The children's mother had died, and the children had lived with their grandparents for most of the past ten years, expressing a strong desire to remain with them.
The Court of Appeal dismissed the appeal, finding no genuine issue of fact requiring a trial and agreeing that the motion judge properly prioritized the best interests of the children over the father's biological connection.
The court also declined to admit fresh evidence.
