THE COURT OF APPEAL FOR SASKATCHEWAN TRACY LEE ANTHONY FICK APPELLANT (PETITIONER) and HARVEY LORNE FICK RESPONDENT (RESPONDENT) CORAM: The Honourable Mr. Justice Vancise The Honourable Mr. Justice Lane The Honourable Madam Justice Jackson COUNSEL: Mr. G. Walen for the appellant Mr. C. McCannell for the respondent DISPOSITION: Application Heard: May 13, 1993 Application Dismissed: June 25, 1993 Reasons: June 25, 1993 On Appeal From: Q.B. No. 014242 of 1992, J.C. of Regina Appeal File: 1451 Quorum: The Honourable Mr. Justice Vancise The Honourable Mr. Justice Lane The Honourable Madam Justice Jackson THE COURT: Having regard for the governing standard of appellate review, found insuch cases as Pelech v. Pelech, 1987 CanLII 57 (SCC), [1987] 1 S.C.R. 801 at 824 and Talbot v.Henry, 1990 CanLII 2648 (SK CA), [1990] 5 W.W.R. 251 (Sask. C.A.) at 264, we can find no tenablebasis for interfering with the trial judge\'s decision to grant custodyof James (b.d. June 4, 1984) to his father, Harvey Fick. In coming to this conclusion we note that the trial judge chose to accept the testimony of the father's witness who testified as to relationships within the family over that of Tracy Fick's expert witness who testified as to the effect of abuse on children. He also found the mother's interpretation of events not to be credible. While we might not have arrived at the result for the reasons given by the trial judge, the conclusions reached and the disposition are supported by the evidence. As for the award of maintenance, we do not find an award of $700.00 amonth for Tracy Fick to be unreasonable having regard for (i) the lengthof the relationship (approximately fifteen years), (ii) the husband\'swage (approximately $55,000.00 per year) and (iii) the fact that thewife had seldom worked outside the home. We delayed this judgment because of our concern that the child should be allowed to complete his year in school without having to transfer to different school in another city. Our overriding concern throughout has been to ensure that the interests of the child are protected as much as possible throughout the appeal process. Although the previous disruptions in the child's schooling were not caused by any action of the father, in our opinion further dislocation in the child's living arrangements and schooling would have been detrimental to the child. We also delayed our judgment to enable us to order and enforce liberal access between the day the appeal was heard and today's date as the father had not previously had regular access to the child. Accordingly, the appeal is dismissed. There will be no order for costs. DATED at the City of Regina, in the Province of Saskatchewan, this 25th day of June A.D. 1993. VANCISE J.A. LANE J.A. JACKSON J.A.
Appeal from [1993]TWL QB93106 QB93p55. HELD: There was no tenable basis for interfering with the trial judge's decision to award custody to the father. An award of $700.00 a month spousal support was not unreasonable having regard for (i) the length of the relationship (approximately fifteen years), (ii) the husband's wage (approximately $55,000.00 per year) and (iii) the fact that the wife had seldom worked outside the home.