COURT OF APPEAL FOR ONTARIO
Goudge, Sharpe and Armstrong JJ.A.
BETWEEN:
Nathan Jupp
Appellant
and
Caitlan Warman
Respondent
Nathan Jupp, acting in person
Deanne Fowler, counsel for the respondent
Heard and released orally: May 18, 2010
On appeal from the judgment of Justice Gordon G. Sedgwick of the Superior Court of Justice dated June 25, 2008.
ENDORSEMENT
1In our view, it would have been preferable for the trial judge to explain why he rejected the expert evidence of Dr. Weinberger and granted sole custody to the respondent. However, despite the appellant’s helpful presentation to us, it is not open to us, particularly after this length of time, to retry the case and we can see no basis to interfere with the trial judge’s disposition. Nonetheless, going forward, it would clearly serve the children best if both parents, who both care deeply about their children, are involved in the important decisions affecting their lives and we hope and expect that this will happen.
2The appeal must be dismissed. Costs to the respondent fixed at $3500 inclusive of disbursements and GST.
“S. T. Goudge J.A.”
“Robert J. Sharpe J.A.”
“Rob P. Armstrong J.A.”