Swan v. Swan

[Indexed as: Swan v. Swan]

Scott Allen Swan, (Appellant) and Jodie Francis Swan, (Respondent)

Ontario Divisional Court Flinn, Kealey, Panet JJ.

Judgment: May 15, 2002 Docket:

Counsel: Michael R. Nyhof, for Applicant

Per curiam:

[1] For all of the reasons set forth in the reasons for judgment of Granger J. released May 2, 2001 granting the appellant leave to appeal the order of Vogel-sang J. in this appeal, the appeal is allowed and the order of April 10, 2002 is set aside. The order purportedly varied was a permanent order of Aston J. after a full hearing and given with full reasons. As well, the order which the facto custody was varied was recent (Apr. 10) and the concerns expressed in Sypher v. Sypher (1986), 2 R.F.L. (3d) 413 (Ont. C.A.) do not apply. This is not a matter for costs. Appeal allowed.