Court of Appeal for Ontario
Before: Sharpe, LaForme and Tulloch JJ.A.
Between
Jeremy Albert Kerr
Applicant (Appellant)
and
Dana Lynn Easson
Respondent (Respondent in Appeal)
Counsel:
S. Philbert, for the appellant
K. Hughes and J. Cooper, for the respondent
Heard: March 24, 2014
On appeal from the judgments of Justice D.K. Gray of the Superior Court of Justice, dated March 16, 2013 and April 29, 2013.
APPEAL BOOK ENDORSEMENT
1We are not persuaded that the trial judge erred in finding a material change in circumstances sufficient to justify a variation to the overnight access contemplated by the consent order. The trial judge found that the appellant had neglected the child’s reading homework and that the child’s reading was adversely affected. This was combined with the appellant allowing the child to pay age-inappropriate video games.
2The trial judge recited and applied the correct legal test relating to material change.
3We are not persuaded the trial judge erred in failing to make an adverse credibility finding with respect to one of the teachers. The evidence regarding the neglect of reading homework was supported by documentary evidence, the evidence of the principal and another teacher and the appellant did not testify to explain his conduct which included altering documents.
4Accordingly, the appeal is dismissed.
5Costs to the respondent fixed at $10,000 inclusive of disbursements and applicable taxes.
“Robert J. Sharpe J.A.”
“H.S. LaForme J.A.”
“M.H. Tulloch J.A.”
