Z.M. v. S.M., (1997) 27 O.T.C. 283 (GD)

• Judge: Ferrier, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: April 10, 1997
• Jurisdiction: Ontario
• Citations: (1997), 27 O.T.C. 283 (GD)

Z.M. v. S.M. (1997), 27 O.T.C. 283 (GD)

MLB headnote and full text

Temp. Cite: [1997] O.T.C. TBEd. AP.099

Z.M. (petitioner/husband) v. S.M. (respondent/wife)

(Court File No. MC 1445/95)

Indexed As: Z.M. v. S.M.

Ontario Court of Justice

General Division

Family Court Branch

Ferrier, J.

April 10, 1997.

Summary:

A husband petitioned for divorce and sought custody of the child of the marriage. The wife alleged that the father had inappropriately touched his daughter and should be denied access.

The Ontario Court (General Division), Family Court Branch, granted a divorce and, finding that the husband had sexually assaulted his daughter and constantly denigrated his wife to his daughter, denied him access.

Family Law - Topic 1994

Custody and access - Access - Considerations in awarding access - Conduct of parents - See paragraphs 56 to 72.

Family Law - Topic 2144

Custody and access - Evidence - Hearsay evidence - See paragraphs 58 to 70.

Cases Noticed:

R. v. Khan, [1990] 2 S.C.R. 531; 113 N.R. 53; 41 O.A.C. 353; 59 C.C.C.(3d) 92; 79 C.R.(3d) 1, refd to. [para. 60].

R. v. Smith (A.L.), [1992] 2 S.C.R. 915; 139 N.R. 323; 55 O.A.C. 321; 75 C.C.C.(3d) 257; 94 D.L.R.(4th) 590; 15 C.R.(4th) 133, refd to. [para. 60].

Counsel:

R.P. Zigler, for the respondent;

Z.M. on his own behalf.

This case was heard on January 16, 17, 20-24, 27 and 28, 1997, before Ferrier, J., of the Ontario Court (General Division), Family Court Branch, who released the following judgment on April 10, 1997.