The appellant mother and respondent father, a professional basketball player, had a child from an extra-marital affair.
The trial judge awarded sole custody to the mother, finding the father's frequent travel and reliance on his wife for childcare weighed against him.
The Court of Appeal overturned the decision, granting joint custody to the father and his wife, and criticized the trial judge for not adequately considering the child's mixed racial heritage.
The Supreme Court of Canada restored the trial judge's decision, holding that the Court of Appeal exceeded the narrow scope of appellate review by reweighing the evidence without finding a material error.
The Court also held that race is only one factor in determining the best interests of a child and that the Court of Appeal erred in adding the father's wife as a party on its own initiative.
