Trial judge required assistance and guidance from learned counsel to understand law

Amicus curiae. Family proceedings were highly litigious and involved allegations of domestic abuse and parental alienation. Mother was deeply fearful of father. Pattern developed of mother trying to delay proceedings. Mother dismissed five lawyers and was self-represented at trial. Mother's behaviour was extremely emotional. Father's lawyer brought motion to be removed from record due to significant unpaid accounts. Trial judge made amicus curiae orders appointing counsel to represent parents and assist court on variety of issues that impacted best interests of children. Attorney General of Ontario brought motion to set aside amicus curiae orders; motion was dismissed. Attorney General appealed. Appeal dismissed. Trial judge applied proper principles when he made his decisions to appoint two amici. He required assistance and guidance from learned counsel in order to come to an understanding of the law, and given the personalities involved he required assistance to ensure that trial could proceed in orderly fashion.

Morwald-Benevides v. Benevides (2019), 2019 CarswellOnt 6875, 2019 ONSC 1136, E.J. Koke J. (Ont. S.C.J.); affirmed (2015), 2015 CarswellOnt 14834, 2015 ONCJ 532, John D. Keast J. (Ont. C.J.).

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