CITATION: Jupp v. Warman, 2010 ONCA 372

DATE: 20100520

DOCKET: C51764

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

[1] In 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.

[2] The 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.”