The mother appealed a trial judgment granting sole custody to the father and ordering that her access be supervised until she received a 'clean bill of health' from a psychiatrist and a specific psychologist was involved in the decision.
She also appealed the trial judge's order awarding the father full recovery of costs.
The Court of Appeal allowed the appeal in part, striking the conditions requiring a clean bill of health and the psychologist's involvement as they were too vague and constituted an improper delegation of judicial authority.
However, the court upheld the requirement for supervised access.
The court also refused to admit fresh evidence generated during a confidential appellate mediation process.
The appeal of the costs award was dismissed, as the mother's conduct was unreasonable and the father had made a successful offer to settle.
