Kerr v. Easson

The appeal is dismissed because the trial judge applied the correct legal test for material change, made findings supported by documentary evidence and witness testimony that the appellant neglected the child's reading and allowed age-inappropriate video games, and the appellant failed to explain conduct including alteration of documents, so there was no reversible error.

Citation: 2014 ONCA 225
Parties: Applicant/appellant: Jeremy Albert Kerr; Respondent/respondent in Appeal: Dana Lynn Easson
Court: Court of Appeal for Ontario
Jurisdiction: Canada
Judgment Date: 25 March 2014
Procedural Posture: Family / Appeal Court of Appeal Decision
Outcome: Appeal dismissed
Legal Topics: Variation of Access, Material Change in Circumstances, Child Custody and Access, Credibility Findings, Costs
Source Language: English

Family Law Variation of Access Material Change in Circumstances Child Custody and Access Credibility Findings Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Party arguments 2 Amounts and remedies 1

Parties

Jeremy Albert Kerr

Applicant/appellant

Dana Lynn Easson

Respondent/respondent in Appeal

Procedural Posture

Family / Appeal Court of Appeal Decision

Legal Issues

1 Whether the trial judge erred in finding a material change in circumstances sufficient to vary overnight access
2 Whether the trial judge erred in failing to make an adverse credibility finding regarding a teacher
3 Whether the appellate court should overturn the variation to overnight access and the costs order

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Variation to overnight access upheld
Costs to the respondent fixed at $10,000 inclusive of disbursements and applicable taxes