Bostoi & Bostoi

The appeal in Bostoi & Bostoi concerned a family law dispute between the parents of children, with the primary issue being the residence and care of the children. The trial judge had ordered the children to live with the mother, and the father, the appellant, contested this decision. The appeal before the court questioned the trial judge's findings and assessment of psychiatric evidence, and whether there were material errors of fact, including the delay in delivering judgment, the failure to consider the views of one child, and the omission to address the father's evidence regarding the mother's psychiatric health. The court was tasked with determining whether these alleged errors warranted overturning the trial judge's decision.

The court examined the arguments presented by the appellant, including the alleged errors in the trial judge's assessment of psychiatric evidence, the failure to consider the views of one child, and the delay in delivering judgment. It was noted that the trial judge had considered the psychiatric evidence in detail and had provided reasons for her findings. The court found that the trial judge had not made material errors of fact and had properly considered the evidence before her, including the father's evidence of the mother's psychiatric health. The court further held that the delay in delivering judgment did not affect the outcome, as the trial judge had fully considered all the evidence.

The court concluded that no appealable error was established in the trial judge's decision. Therefore, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs of and incidental to the appeal. The court determined that there should be no order as to costs in relation to the Independent Children's Lawyer's appearance. The trial judge's decision that the children live with the mother remained in place, and the father's appeal was unsuccessful.