E.J.P. v. E.A.K.

E.J.P. v. E.A.K.

The appeal is dismissed because the appellant has not and will not implement the access order, and the relief he seeks would require the Court to retry facts and grant substantive relief beyond its appellate jurisdiction, rendering the appeal of no practical value.

Citation
2003 BCCA 520
Parties
Respondent (plaintiff): E.J.P.; Appellant (defendant): E.A.K.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
25 September 2003
Procedural Posture
Appeal Family Law (child Custody/access) / Court of Appeal Oral Hearing on Appeal From Order Limiting Access (order of 10 March 2003)
Outcome
Appeal dismissed.
Legal Topics
Supervised Access, Finality of Trial Judgments, Practical Futility/mootness of Appeals, Best Interests of the Child
Source Language
English
Family Law Child Custody and Access Appellate Procedure Supervised Access Finality of Trial Judgments Practical Futility/mootness of Appeals Best Interests of the Child

Case Brief

Summary, issues, holding and outcome

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Parties

E.J.P.

Respondent (plaintiff)

E.A.K.

Appellant (defendant)

Procedural Posture

Appeal Family Law (child Custody/access) / Court of Appeal Oral Hearing on Appeal From Order Limiting Access (order of 10 March 2003)

Legal Issues

  1. 1 Whether the appeal should proceed where the appellant has not sought to implement the access order and indicates he will not do so
  2. 2 Whether the appellate court has power to retry factual determinations made at trial or grant the substantive relief sought by the appellant
  3. 3 Whether the appeal has any practical value or is moot/unenforceable given the appellant's conduct and the limits of appellate jurisdiction

Ratio Decidendi

The appeal is dismissed because the appellant has not and will not implement the access order, and the relief he seeks would require the Court to retry facts and grant substantive relief beyond its appellate jurisdiction, rendering the appeal of no practical value.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.