What is the test for finding that the best interests of the children were not considered in a medical malpractice case?

Canada (Federal), Canada

The following excerpt is from Russell v. Canada (Minister of Citizenship and Immigration), 2000 CanLII 15940 (FC):

[22] In Sovalbarro v. Canada (M.C.I.)11 McDonald J. (sitting as a trial judge) found that the best interests of the children had not been considered. He noted:

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