Court of Appeal for Ontario

Citation: Ward v. Kemp, 2007 ONCA 707

Date: 20071016

Docket: C46376

Before: SHARPE, GILLESE and BLAIR JJ.A.

Between:

RONALD WALTER WARD

Applicant/Appellant

and

JESSICA KATE KEMP

Respondent/Respondent

Counsel:

Philip B. Cornish for the appellant

Mary E. Cull for the respondent

Heard: October 12, 2007

On appeal from the decision of Justice J. Kennedy of the Superior Court of Justice dated November 6, 2006.

APPEAL BOOK ENDORSEMENT

[1] We do not accept the appellant’s submission that reasons of the trial judge and the Superior Court appeal judge were purely conclusory and tautological. While the trial judge’s reasons were framed along the lines of a parental lecture, they were adequate in the circumstances of this case. The trial judge faced a difficult decision on whether joint or sole custody was appropriate. He assessed the parenting skills and plans of the parties. He expressed concern about the appellant’s anger, immaturity, lack of self-esteem and limited effort to find employment. He assessed the nature of the parties’ relationship and lack of cooperation and concluded that joint custody was not workable. We do not agree that he reached that conclusion solely on the basis that the parties were not living together and, in any event, we agree with the Superior Court judge that on this record, there is no basis to interfere with the trial judge’s decision awarding sole custody to the respondent with generous access to the appellant. To the extent the appellant seeks to vary the terms of access, this is not the appropriate court.

[2] We see no error in the Superior Court judge’s costs award. Although the appellant succeeded in making a minor variation, he was essentially unsuccessful on the appeal.

[3] Accordingly, the appeal is dismissed. Costs to the respondent fixed at $3,000 inclusive of disbursements and GST.