The appellant father appealed a final parenting order regarding his adult child with Down Syndrome.
The trial judge had ordered that the father have no unsupervised parenting time, and that supervised parenting time occur only at the respondent mother's discretion.
The Court of Appeal admitted fresh evidence confirming the child's views could not be easily ascertained, satisfying the presumption of capacity framework.
However, the Court found the trial judge erred by failing to include a review mechanism in the order, given that the adult child would never 'age out' of it.
The appeal was allowed in part and remitted to the trial judge to structure a built-in review mechanism to allow the father to seek unsupervised parenting time in the future.
