Is there any merit to the allegations of settling-in errors?

Nor is there any merit to the fourth and fifth alleged factual errors. Both parties accused each other of forum shopping. This issue was peripheral to the main issues before the application judge and she was not required to resolve it as it was not material to her ultimate determination: see Wasinski v. Norampac Inc., 2016 ONCA 309, 31 C.C.E.L. (4th) 1, at para. 31. As for the appellant’s custody rights over the children, the application judge and the parties accepted that the appellant and respondent had joint custody rights over the children. Nothing turned on this issue. (i) Alleged Settling-In Error