Does the mother have any grounds to challenge the findings of the trial judge?

Newfoundland and Labrador, Canada


The following excerpt is from N.T. v. R.W.P., 2011 NLCA 47 (CanLII):

The mother has failed to demonstrate any palpable and overriding error in the findings of fact by the trial judge. To the contrary, I would say that the trial judge dealt with the evidence thoroughly and made his findings in a careful way. The mother has also failed to show any error of law in the trial judge’s application of the jurisprudence, notably Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27. Again, I would say that the trial judge demonstrated a methodical application of the law, notably in his consideration of the situation the child would face in Halifax or St. John’s. I would adopt the reasons of the trial judge (save as noted below) and affirm his decision.

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