Court File and Parties
CITATION: Young v. Young, 2010 ONCA 602
DATE: 20100920
DOCKET: C50819
COURT OF APPEAL FOR ONTARIO
MacPherson, Gillese and MacFarland JJ.A.
BETWEEN
James William Thomas Young
Applicant (Respondent in Appeal)
and
Debra-Ann Katherine Young
Respondent (Appellant)
Counsel:
John P. Schuman and Tara Mesensky, for the appellant
Brian H. Renken, for the respondent
Heard and released orally: September 17, 2010
On appeal from the order of Justice Robert M. Thompson of the Superior Court of Justice dated June 23, 2009.
ENDORSEMENT
[1] The appellant appeals the order of Thompson J. dated 23 June 2009 on two bases.
[2] First, the appellant contends that the trial judge erred by awarding joint custody of Joshua to both parents.
[3] We disagree. The trial judge considered the best interests of the child factors in the Children’s Law Reform Act and the Divorce Act and concluded that “their contribution to their child’s future can be vital.” We agree. Moreover, the joint custody order was consistent with the parties’ initial separation agreement, various consent orders, and the recommendation of the Children’s Lawyer assigned to investigate the family breakdown and the needs of Joshua.
[4] Second, the appellant submits that the trial judge’s order relating to private tutors for Joshua amounts to an improper delegation of decision-making to an external education authority.
[5] We do not accept this submission. In our view, paragraph 7 of the Order is a common sense mechanism to assist the parties to identify the best educational support for Joshua.
[6] In our view, resort to this mechanism should be simple – the parents should talk to Joshua’s current teachers and seek their advice and assistance about what combination of classroom education, after-school assistance at his school and, perhaps, private tutorial services can best benefit Joshua’s development.
[7] The appeal is dismissed.
[8] The respondent is entitled to his costs of the appeal fixed at $7000 inclusive of disbursements and applicable taxes.
“J. C. MacPherson J.A.”
“E. E. Gillese J.A.”
“J. MacFarland J.A.”