The Court of Appeal today restated their previous position that appeals in family law cases would be allowed but seldom. The Court, relying on Juvatopolos v. Juvatopolos, [2005] O.J. No. 4181, held, in Normore v. Garcia, 2009 ONCA 592 :
The decision of the [judge below] is entitled to deference on appeal and the standard of review is designed to promote finality in family law litigation and to recognize the importance of the appreciation of the facts by the trial judge: see Hickey v. Hickey, [1999] 2 S.C.R. 518 at paras. 11-12. It is only where the trial judge's decision exceeds a generous ambit within which reasonable disagreement is possible and is plainly wrong that an appellate court is entitled to interfere: see Silver v. Silver (1985), 54 O.R. (2d) 591 (Ont. C.A.).
2 comments:
Thanks for posting this Professor. This is another area of the legal system in which men's rights are grossly violated; in a country ostensibly so obsessed with equality, the heinous double standard between men's rights and women's rights in family law is simply unjustifiable.
I'm told that in Sweden - no paleo-conservative state, they - there is no alimony nor child support in cases where joint custody is awarded, which appears to be in most cases. Seems fair to me.
Women are still getting custody in 90% of the cases where sole custody is awarded, despite women earning - and thus having the financial means of supporting children - about 70% of what men make. At the very least the party more able to financially support the children (in most cases men) should be considered to receive custody if not awarded custody automatically.
I have little time whatsoever for the grievances, real and otherwise, of women as long as men's rights are violated so many different and important ways while women turn a blind eye.
I am not bound by the Christian morality, nor are an increasing amount of Canadians, that says I am to love my adversary, and that is precisely what women have become when they display no discernible concern for the rights of men when their rights are violated so outrageously.
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