COURT OF APPEAL FOR ONTARIO
RE:
JOHN B. WOLF (Applicant/Respondent) v. LISA WALES (Respondent/Appellant)
BEFORE:
LASKIN, GOUDGE and SIMMONS JJ.A.
COUNSEL:
Kathleen Beattie
For the appellant
Barbara Morland Wellard
For the respondent
Catherine Bellinger and Carolyn Leach
Office of the Children’s Lawyer
HEARD:
December 10, 2001
On appeal from the judgment of Justice M.G. Bolan dated January 9, 2001.
E N D O R S E M E N T
1We recognize that mobility cases are among the most difficult cases a court has to decide. But these cases inevitably turn on their particular facts. The trial judge, who sees and hears all the witnesses, is in the best position to decide the child’s best interests. This court cannot retry the case but must instead give deference to the trial judge’s factual and credibility findings. Only if the trial judge erred in law or made findings of fact or credibility that were unreasonable are we entitled to intervene.
2In this case the trial judge concluded that it was not in the child’s best interests to move to British Columbia. In so concluding, he correctly applied the principles in Gordon v. Goertz, and made findings of fact that were reasonably supported by the evidence. We make no comment on whether the evidence of the social worker was properly before the court. In our view, that evidence played no part in the trial judge’s determination to deny the move to British Columbia.
3Accordingly, this appeal is dismissed, but in the circumstances without costs.
[signed] "J.I. Laskin J.A." "S. Goudge J.A." "J. Simmons J.A."