In Taillon & Donaldson v. Donaldson, 1953 CanLII 49 (SCC),  2 S.C.R. 257, the trial Judge had refused to award the custody of an infant child which was the subject of habeas corpus proceedings, to its father. The facts of that case are similar to some extent to the circumstances of the present appeal, and although the proceedings relating to custody of the child were taken under the Civil Code of Lower Canada it is to be gathered from a perusal of the reasons for judgment that the governing principles are much like those in force in Ontario.
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