Court File and Parties

Citation: Osborne v. Labreche, 2008 ONCA 582

Date: 2008-08-13

Docket: C48808

Court of Appeal for Ontario

Rosenberg, Gillese and Blair JJ.A.

Between:

Bobbi Rae Osborne Applicant (Respondent in Appeal)

and

Christian Labreche Respondent (Appellant in Appeal)

Counsel: Gary S. Joseph and Christine Dobby for the appellant Keith R. Millikin for the respondent

Heard and released orally: August 11, 2008

On appeal from the order of Justice Donald. S. Ferguson of the Superior Court of Justice dated April 16, 2008, varying the final order of Justice Lydia Olah of the Superior Court of Justice dated February 24, 2006, made at Barrie, Ontario.

Endorsement

[1] The appellant’s principal submission is that the trial judge erred in law in failing to find that the proposed move was a material change in circumstances. We do not agree. The trial judge directly addressed that issue at para. 24 of Part 1 of his reasons and applied para. 14 of Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27 to find that there was a material change.

[2] We are also satisfied that the trial judge made no palpable and overriding error in finding that the move to Hamilton was not reasonably foreseeable. The trial judge addressed that issue at length at paras. 25 and 30 of Part 1 of the reasons and those reasons are supported by the evidence.

[3] Finally, we are not persuaded that the trial judge erred in finding that the proposed move was in the best interests of the children. The appellant submits that the trial judge placed undue emphasis on the reasons for the move. We do not agree. The trial judge considered all of the factors including the fact that the appellant was not a mere access parent. The trial judge’s view of the best interest of the children is entitled to great deference.

[4] Accordingly, the appeal is dismissed with costs fixed at $15,587.25 inclusive of G.S.T. and disbursements

Signed: “M. Rosenberg J.A.” “E.E. Gillese J.A.” “R. A. Blair J.A.”