DATE: 20020304 DOCKET: C36590
COURT OF APPEAL FOR ONTARIO
RE:
J.S. (Applicant/Respondent) – and – T.B. (Respondent/Appellant)
BEFORE:
AUSTIN, MOLDAVER AND MACPHERSON JJ.A.
COUNSEL:
Carol A. Bargman
for the appellant
Anthony H. Little, Q.C.
for the respondent
HEARD:
February 27, 2002
On appeal from the judgment of Justice Mary E. Marshman dated June 18, 2001.
E N D O R S E M E N T
Released Orally: February 27, 2002
[1] The father appeals from the judgment of Marshman J. dated June 18, 2001, dismissing the father’s motion for an order compelling the return of the child to Toronto.
[2] We reject the appellant’s argument that the motion judge failed to consider the best interests of the child. We also reject the submission that the motion judge demonstrated bias towards the father or his counsel. There is no support on the record for either of these arguments.
[3] The third basis upon which the appeal was put is the fresh evidence tendered by the father. While that material gives us concern for the well-being of the child, we are not persuaded that it would have altered the outcome of the motion. The fresh evidence is not admitted.
[4] In our view, on the record before us, we think that it is crucial that the child’s parents and grandparents and, if necessary, the Children’s Aid Society, work together co-operatively and unselfishly to ensure that only the best interests of the child are fostered.
[5] In the result the appeal must be dismissed, with costs fixed at $10,000 including disbursements and GST.
“Austin J.A.”
“M. J. Moldaver J.A.”
“J. C. MacPherson J.A.”