Top court won’t review long-running high-conflict custody case

The Supreme Court of Canada said Thursday it will not review an epic B.C. child-custody case that consumed nearly 300 days of trial, led to accusations later overturned of child sex abuse against the father, and broadsided the government.

As is its custom, the top court did not give reasons for its decision to deny leave to appeal the high-conflict case known as J.P. et al. v. Director of Child, Family and Community Services et al.

The B.C. Court of Appeal on Aug. 31 rejected the two B.C. Supreme Court trial decisions because of a fraudulent expert’s toxic testimony and criticized years of proceedings by the judge involving the family who can be identified only by their initials.

In 2012, the mother J.P. was awarded sole custody of her four children after Supreme Court Justice Paul Walker ruled they were physically and sexually abused by their father, B. G ., who was never criminally charged but was ostracized.

In 2015, Walker concluded in a scathing decision that the ministry breached its fiduciary duty to the family.

The court’s ruling cast a pall over the Ministry of Children and Family Development, tarnished professional reputations and unleashed severe criticism of the province’s former Liberal administration.

The expense of judicial resources and public money was colossal.

The father is unemployed and the mother on social assistance.

The B.C. high bench last year criticized Walker for both judgments and his handling of the case.

The unfounded opinions of the woman “expert” who had degrees purchased from internet sites, permeated his reasoning and wrongly led to the findings of abuse against the father, the unanimous appeal division said.

The three-justice panel ordered a new trial, which now will proceed as no appeal will be heard in Ottawa.

A new trial is expected to cost far in excess of $1 million

The mother’s lawyer, Jack Hittrich, said she had no comment on the Supreme Court of Canada’s decision.