What factors will the court consider in determining whether or not to grant a conditional discharge from custody?

Ontario, Canada


The following excerpt is from H v. H, 2011 ONSC 1569 (CanLII):

Under this stage of the test the court will look at factors that affect the administration of justice. These factors may include the convenience to the parties and to other witnesses: see, Ridout v. Ridout, 1996 CarswellBC 888 (Sup. Ct.) at 33.[2] The custody issue is interwoven with many of the considerations reviewed. As a trial date has been set, counsel can takes steps to make sure that the few identified witnesses from Alberta have their evidence presented.

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