The appellant mother sought permission to relocate with the child, which was granted by the trial judge.
The Court of Appeal set aside the trial judge's orders on mobility, custody, parenting arrangements, and spousal support, finding misapprehension of evidence and failure to consider relevant factors, and ordered a new trial.
The Supreme Court of Canada found no reviewable error by the trial judge, even assuming the fresh evidence tendered by the respondent would have been admitted.
The trial judge's orders on mobility, custody, parenting arrangements, and spousal support were restored.
Côté J. dissented, holding the appeal should be dismissed as moot given she would have admitted the fresh evidence and remanded the matter to the Court of Queen's Bench.
