Morin v. Muir

Morin v. Muir

The appeal is dismissed because the motion judge applied the correct legal principles in awarding custody to the respondent, there was no genuine issue for trial, the Charter does not apply to this private custody dispute, litigation guardian issues had been resolved and any appeal rights had expired, and there was...

Source-derived case information.

Citation
2007 ONCA 78
Parties
Applicant (respondent in Appeal): Marianne B. Morin; Respondent (appellant in Appeal): Michael J. Muir
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
7 February 2007
Procedural Posture
Family Law Custody and Child Support / Appeal to the Court of Appeal From Superior Court of Justice Order of Patterson J. Dismissing Appeal From Ontario Court of Justice (zaltz J.)
Outcome
Appeal dismissed; appeal judge's decision affirmed; respondent awarded costs of appeal.
Legal Topics
Custody, Child Support, Costs, Mootness, Charter Applicability, Hearing Fairness, Litigation Guardian Involvement
Source Language
english
Family Law Constitutional Law Custody Child Support Costs Mootness Charter Applicability Hearing Fairness +1 more

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Parties

Marianne B. Morin

Applicant (respondent in Appeal)

Michael J. Muir

Respondent (appellant in Appeal)

Procedural Posture

Family Law Custody and Child Support / Appeal to the Court of Appeal From Superior Court of Justice Order of Patterson J. Dismissing Appeal From Ontario Court of Justice (zaltz J.)

Legal Issues

  1. 1 Whether the motion judge correctly awarded custody to the respondent
  2. 2 Whether there was a genuine issue for trial
  3. 3 Whether the Charter applies to a private custody dispute and whether the Office of the Children’s Lawyer refusal gave rise to a Charter claim

Ratio Decidendi

The appeal is dismissed because the motion judge applied the correct legal principles in awarding custody to the respondent, there was no genuine issue for trial, the Charter does not apply to this private custody dispute, litigation guardian issues had been resolved and any appeal rights had expired, and there was no deprivation of hearing fairness warranting intervention.

Court Disposition

Appeal dismissed; appeal judge's decision affirmed; respondent awarded costs of appeal.

Orders

  • Appeal dismissed
  • Original motion judge's orders upheld: custody of Michael awarded to Marianne B. Morin; appellant ordered to pay child support in the amount of $442 per month; costs of the proceedings before the motion judge awarded to the respondent in the sum of $1,000 plus GST payable forthwith by the appellant