Court of Appeal as Dutch Uncle?

The Court of Appeal has a limited mandate.

Unless there is an error below, or sometimes (rarely) when justice demands, the Court cannot act.

That said, sometimes the Court wants to do something and that leads to the occasional "Dutch Uncle" comment. So today's decision in Jupp v. Warman, 2010 ONCA 372 dismisses an appeal from a decision that granted sole custody. 

The Court, however, went on to say:

"Nonetheless, going forward, it would clearly serve the children best if both parents, who both care deeply about their children, are involved in the important decisions affecting their lives and we hope and expect that this will happen. "

The legal impact of such comments is questionable however they may have moral suasive power.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
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416 225 2777

www.jmortonmusings.blogspot.com