The appellant father appealed a family arbitration award that permitted the respondent mother to relocate with their child to Rochester, Minnesota, to accept a surgical oncology position at the Mayo Clinic.
The appellant argued the arbitrator misapprehended evidence regarding his ability to work in the United States, the mother's employment prospects in Ontario, and failed to give sufficient weight to the maximum contact principle.
The Superior Court of Justice applied the standard of appellate review, finding no palpable and overriding error or error of law in the arbitrator's decision.
The court held that the arbitrator properly considered the child's best interests, the maximum contact principle, and the evidence of immigration experts.
The appeal was dismissed and the arbitration award was confirmed.
