Singh v. Singh, (1981) 34 A.R. 271 (CA)

• Judge: Haddad, Laycraft and Belzil, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: December 17, 1981
• Citations: (1981), 34 A.R. 271 (CA)

Singh v. Singh (1981), 34 A.R. 271 (CA)

MLB headnote and full text

Singh v. Singh

(No. 14614)

Indexed As: Singh v. Singh

Alberta Court of Appeal

Haddad, Laycraft and Belzil, JJ.A.

December 17, 1981.

Summary:

The appellant father was awarded custody of two boys following an undefended divorce action. The mother obtained an order varying the decree nisi and giving her custody and an increase in maintenance. The father appealed.

The Alberta Court of Appeal dismissed the appeal. The Court stated that it could find no error in the decision reached by the trial judge entitling an appeal court to overrule him.

See also Blanchette v. Blanchette (1977), 1 A.R. 75.

An application to the Supreme Court of Canada for leave to appeal was dismissed on February 15, 1982 - see Bulletin of Proceedings taken in the Supreme Court of Canada, February 19, 1982, at page 166.

Family Law - Topic 4071

Divorce - Corollary relief - Custody of children - Appeals - The Alberta Court of Appeal stated that the decision to award custody of a child is essentially for the trial judge, because the advantage of seeing the witnesses, particularly the party to whom the child is to be entrusted, is so overwhelming that only manifest error by the trial judge entitles an appellate court to overrule him - See paragraph 24.

Cases Noticed:

Talsky v. Talsky, [1976] 2 S.C.R. 292; 7 N.R. 246, folld. [para. 24].

Adams et al. v. McLeod and Ramstead, [1978] 2 S.C.R. 621; 20 N.R. 203, folld. [para. 24].

Counsel:

Louise Ares, for Santokh Singh;

P. Curran, for Josephine Sophia Singh;

A. Hogan, Q.C., amicus curiae.

This case was heard before HADDAD, LAYCRAFT and BELZIL, JJ.A., of the Alberta Court of Appeal.

On December 17, 1981, LAYCRAFT, J.A., delivered the judgment for the Alberta Court of Appeal.