My latest Canlii commentary here:
Topical, given the current mood.
There have been a spate of cases about access, etc, since March/2020 when the pandemic gripped Ontario. This Chase case and another, by Boucher, J. (Wilson v. Wilson, unreported, August 24, 2020, FS-20-17282), appear to be the first Ontario cases dealing with whether to send a child to school (versus on-line learning) when divorced parents cannot agree.
Nolet v. Nolet, 2020 ONSC 5285 (CanLII)
– child with ADHD ordered to attend school, in-person
Zinati v. Spence, 2020 ONSC 5231 (CanLII)
– 6 year old ordered to attend in-person schooling, on the Toronto Island
– Alberta decision citing Chase on in-school vs. online, where ‘spouse of party and another child have asthma’. Without medical evidence of level of risk and how it can be managed, child is going to school
– Gr 3 and 1 children ordered to attend school virtually on-line
Shepstone v. Masales, 2020 ONSC 5364 (CanLII), <http://canlii.ca/t/j9kj6>
– Gr 5 student ordered to attend in-school learning
– 10 yr old ordered to attend in-school learning
– Judge goes through some health statistics, wherein it shows 19 children, out of 1M, have been hospitalized in Ontario. Similar to other health issues for which there is no quarantine.
– 4 yr old ordered to attend in-person schooling