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Aug 3, 2021 · For orders by a trial judge awarding spousal or child support, an Appeal Court must show “significant deference”. This was the upshot of the Court’s 1999 ruling in a case called Hickey v. Hickey was summarized in a recent Ontario Court of Appeal ruling in Belanger v. Belanger, as follows:
While the scope of appellate review is indeed narrow, it remains the case that “a trial court’s ignoring of relevant evidence, or the drawing of incorrect conclusions from the evidence may ...require appellate interference” (Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518).
General Principles. Once a party has closed their case, it is presumed they have finished presenting their evidence. It is the judge's discretion to allow a party, usually the Crown, to re-open their case. The factors to consider in exercising discretion to re-open a case prior to verdict are: [1] the effect of permitting reopening on the ...
Summary of R. v. Hickey. When the defendant entered a bar with his employer, the victim made some teasing comments about the employer, angering the defendant. When the remarks were repeated, the defendant became more upset, feeling the comments reflected badly on him. He later punched the victim once in the head with such force that it not only ...
If the process they follow is found to be unfair, the Court may review their decision. Basic fairness involves the right to an impartial decision maker, the right to know the case and have the opportunity to respond. It could also include the right to counsel, the right to an oral hearing and to formal written decisions, but not always.
That did not provide for the finality that the children and the parties need. In fact, it is that finality which underlies the strong deference given to trial decisions in family law cases: Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518 at para. 12.
Mar 18, 2014 · Hickey v. Hickey, 1994 CanLII 4365 (NS SC) This was a petition for divorce with an application for settlement of corollary matters, especially custody and access. The mother was the primary caregiver during the marriage, but the father also made significant contributions. The parties had an interim order for joint custody, which the father ...
