What is the test for appeal against a judgment by the Court of Appeal in the Superior Court of Justice granting custody to a mother and her two-year-old daughter?

Ontario, Canada


The following excerpt is from Dafoe v. Dafoe, 2005 CanLII 19821 (ON SC):

The facts of this case are striking similar to those in the case of Dumas v. Dumas[5] where the maternal grandparents appealed an order granting custody of their grandchild to their daughter. The appellants sought to introduce fresh evidence at the appeal including a letter and other documents relating to the child’s education both of which related to matters that had occurred since the judgment at trial.

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