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Final custody order made at case conference set aside for procedural unfairness.
A father appealed a final custody order granted to the mother at a case conference in the Ontario Court of Justice.
The conference judge had issued a final order for sole custody without a motion, trial, or full evidentiary record.
The Superior Court held that making contested final substantive orders at a case conference, absent consent and without procedural safeguards such as affidavit evidence and notice, was inconsistent with the Family Law Rules and principles of procedural fairness.
The court emphasized that conferences are intended to facilitate settlement and case management, not to determine final rights where the issues are disputed.
The final custody order was set aside and the matter was remitted to the Ontario Court of Justice for further proceedings.
