By Michael Stangarone and Aria MacEachern ( September 6, 2024, 2:07 PM EDT) -- In the recent Ontario Court of Appeal decision of Duwyn v. Ross, 2024 ONCA 637, the appellant unsuccessfully sought to appeal an order made by Justice Michael Valente of the Superior Court of Justice dated May 26, 2023. The appellant also sought to introduce fresh evidence on appeal, which was ultimately dismissed by the court. The case is a helpful reminder to family law counsel that litigants cannot rely on a “parenting status quo” created post-separation and that fresh evidence is not “new” evidence or a reiteration of the evidence led at trial....