Court of Appeal

Decision Information

Gill v. Hurst

Court Court of Appeal
Date 2010-12-09
Citation 2010 NSCA 98
Docket CA 318440
Judge/Registrar/Adjudicator Bryson, Peter M.S. (Honourable Justice) (CA); Hamilton, M. Jill (Honourable Justice); Farrar, David P.S. (Honourable Justice) (CA)
Document Type Library Sheet
Relations Decision - Gill v. Hurst - 2010 NSCA 98 - 2010-12-09 - Decision

Decision Content

NOVA SCOTIA COURT OF APPEAL

Citation: Gill v. Hurst, 2010 NSCA 98

 

Date: 20101209

Docket:  CA 318440

Registry: Halifax

 

 

Between:

Christopher Valentino Gill

Appellant

v.

 

Christine Mary Hurst

Respondent

 

 

Judge:                   The Honourable Justice M. Jill Hamilton

 

Appeal Heard:      November 24, 2010

 

Subject:                Family law, custody and access  

 

Summary:             The judge awarded sole custody of the parties’ 14 year old daughter to the mother, with liberal access to the father, supervised until such time as the daughter waived the requirement for supervision.  She decided against awarding joint custody given the parents’ inability to communicate and the child’s wishes.       

 

Issue:          Did the judge err in awarding sole custody to the mother with supervised liberal access to the father?   

 

Result:                  Appeal dismissed.  The appropriate weight to be given to the evidence is for the trial judge.  This Court is not to retry the case.  The judge did not err.

 

 

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