Case Summary

The appellant father appealed a trial judge's order granting the respondent mother sole custody, permitting her to relocate with the children to Montreal, setting parenting time, and awarding costs. The father also brought a motion to introduce fresh evidence. The Divisional Court dismissed the motion to introduce fresh evidence, finding it was offered to test the trial judge's conclusions in hindsight rather than to update the court on the children's circumstances. The court upheld the trial judge's decisions on custody and relocation, finding no palpable and overriding errors. However, the court allowed the appeal in part regarding parenting time, finding the trial judge failed to give sufficient weight to the maximum contact principle and the father's ability to teach the children about their Inuit heritage. The court expanded the father's parenting time to include extended alternate weekends and significant holiday and summer blocks.