Novic v. Novic, (1984) 1 O.A.C. 395 (CA)

JudgeArnup, Zuber and Weatherston, JJ.A.
CourtCourt of Appeal (Ontario)
Case DateJanuary 17, 1984
JurisdictionOntario
Citations(1984), 1 O.A.C. 395 (CA)

Novic v. Novic (1984), 1 O.A.C. 395 (CA)

MLB headnote and full text

Novic v. Novic

Indexed As: Novic v. Novic

Ontario Court of Appeal

Arnup, Zuber and Weatherston, JJ.A.

January 30, 1984.

Summary:

A couple was divorced and custody of their two children awarded to the husband. The wife appealed.

The Ontario Court of Appeal allowed the appeal and awarded custody to the mother. The husband appealed.

The Supreme Court of Canada, in a decision reported in (1983), 47 N.R. 394, allowed the appeal and restored the trial judgment.

The wife applied to vary the custody provisions of the divorce decree on the ground of changed circumstances.

The Ontario High Court dismissed the application and held that the evidence of changed circumstances could only be considered from the date of the last judgment. The wife appealed.

The Ontario Court of Appeal allowed the appeal and held that evidence of changed circumstances from the date of the original order was admissible. The Court of Appeal remitted the matter to a lower court for rehearing.

Family Law - Topic 1950

Custody and access to children - Variation of custody and access rights - Changed circumstances of parents - A mother applied to vary custody because of alleged changed circumstances - The Ontario Court of Appeal held that facts and evidence existing from the date of the original custody award were admissible to demonstrate changed circumstances, regardless that subsequent appeals reversed, then upheld, the original decision - See paragraphs 4 to 7.

Statutes Noticed:

Judicature Act, R.S.O. 1980, c. 223, sect. 29 [para. 4].

Supreme Court Act, R.S.C. 1970, c. S-19, sect. 47 [para. 5].

Counsel:

Philip M. Epstein, Q.C., for the appellant;

Lloyd Perry, Q.C., for the Official Guardian;

Milorad Novic in person.

This appeal was heard before Arnup, Zuber and Weatherston, JJ.A., of the Ontario Court of Appeal, on January 17, 1984. The decision of the Court of Appeal was delivered orally by Zuber, J. A., and released on January 30, 1984.

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1 practice notes
  • Novic v. Novic, (1984) 55 N.R. 319 (Motion)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • 2 Abril 1984
    ...to appeal to the Supreme Court of Canada was dismissed in the case of Milorad Novic v. Radmila Novic , a case from the Ontario courts, see 1 O.A.C. 395 - see Bulletin of Proceedings taken in the Supreme Court of Canada at page 245, March 9, 1984 and page 359, April 6, 1984. Motion dismissed......
1 cases
  • Novic v. Novic, (1984) 55 N.R. 319 (Motion)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • 2 Abril 1984
    ...to appeal to the Supreme Court of Canada was dismissed in the case of Milorad Novic v. Radmila Novic , a case from the Ontario courts, see 1 O.A.C. 395 - see Bulletin of Proceedings taken in the Supreme Court of Canada at page 245, March 9, 1984 and page 359, April 6, 1984. Motion dismissed......

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