The appellant father appealed a decision setting aside a trial judgment that had granted him custody of the child and ordering a new trial.
The appeal judge had found that the trial was unfair due to the trial judge recalling the mother to the stand on her own motion, a ten-month delay in rendering a decision, and the trial judge reopening the trial on her own motion for further evidence.
The Court of Appeal found no error in the appeal judge's conclusion that neither party received a fair trial and dismissed the appeal, ordering costs of $4,000 to the respondent.
