Does a trial judge make a fatal error in determining the best interests of Cole?
Newfoundland and Labrador, Canada
The following excerpt is from Cox v. Brady, 2002 NFCA 27 (CanLII):
While this is not the way the trial judge ought to have approached the matter, it does not necessarily mean that he made an error in law. It does not establish that, in determining the best interests of Cole, he failed to consider “all the needs and circumstances of the child”, including those specifically listed in the eight paragraphs of s. 31(2) of the Children’s Law Act. The fact that he may have done so in the context of applying the principles identified in Dawe v. Dawe, instead of considering the factors in the context of s. 31(2) may be error but it is not a fatal error, unless, by so doing, the trial judge did not consider those matters which s. 31(2) requires him to consider.
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