The appellant father appealed a decision of the Court of Appeal for Ontario that overturned a trial judge's order granting him custody of two young children.
The trial judge had found fault in both parents but determined that awarding custody to the father was in the best interests of the children.
The Court of Appeal reversed this decision without detailed reasons, stating only that the trial judge did not consider all proper principles.
The Supreme Court of Canada allowed the appeal, holding that an appellate court should not disturb the factual determinations of a trial judge in a custody case absent a marked deficiency.
The trial judgment was restored.
