Looks like we're gonna have a trial

[riverbag]

Sorry if I sounded negative, I'm certainly not concerned with the current state of affairs except that I would prefer not to go to trial, but am more than prepared to take it that far. After some further advice from Legal professionals that have ACTUALLY READ our case file, I have no worries about taking this to trial and have been told that this is exactly what I should do.
Just to clarify, I am looking for minimum of Shared Custody as we co-parented at minimum, or I was the primary caregiver prior to separation. I understand that getting a judge to order Shared Custody is like getting a straight answer from a politician, so that is where I am not so positive. We'll have to see how this goes, but I'm ready for a trial.

Thank you all for your continued support and help, will keep you in the loop.

[riverbag]

I can't find Bucholtz v. Lamey in the Canlii database, perhaps it's been removed?

[logicalvelocity]

Roebuck and Cropper 1974 is mentioned here:

September 2005 Volume 7 Issue 3 - Article 4

Sherstobitoff J.A, in Harden, adopted the statements of Kerans J.A. in the Roebuck case at page 284 wherein Kerans J.A. stated:
"... it is at the time of an interim disposition that one should not lightly disturb de facto arrangements: see Cropper v. Cropper (1974), 16 R.F.L. 113 (Ont. C.A.). We should remind ourselves that interim custody is just that: a makeshift solution until the correct answer can be discovered. If a judge could tell what is best at the outset, there is no need for an interim order. Interim orders are designed to minimize conflict between parents and cause the least harm to the child and determination of the cause."

[riverbag]

Well with judges retiring and having strokes in Southern Ontario (I feel for the Judge and his family, I'm not that cold), we had another assignment court date today along with 30+ other cases to try and whittle down the amount going to trial. My situation did not change, I explained that to her lawyer and we asked to be kept on the list and will await another court date. I'm hoping for October but November might be more realistic. Still moving forward and working on my brief.

Thanks all for the support