What is the test for appeal of an interim custody order made at a presentation hearing?

I have reviewed the decision Thompson v. Superintendent of Family and Child Services. This case involved a parent’s appeal of an interim custody order made at a presentation hearing. The appellant asked the court for a new trial based on problems with the transcript of the trial. Mr. Justice Wilson held that although there were some issues, a new trial was not warranted and the application was dismissed. In my view, the comment that the interim custody order was intended to secure the best interests of the child was not tied to the actual issue being dealt with by the court. In legal terms, this is called obiter dicta and I do not consider that statement to be binding upon me or to require a consideration of the best interests of the children at a presentation hearing.