Court Decides In-School vs. On-line Schooling for Kids

My latest Canlii commentary here:

Chase v. Chase, 2020 ONSC 5083 (CanLII)

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.

Update:

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

Lima v. Holloway, 2020 ABPC 157 http://canlii.ca/t/j9jzz

– 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

Joachim v. Joachim, 2020 ONSC 5355 (CanLII), <http://canlii.ca/t/j9kh6>

– 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


Glynn v. Paulmert, 2020 ONSC 5432 (CanLII), <http://canlii.ca/t/j9ksz>

– 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.

J.N. v. A.S., 2020 ONSC 5292 (CanLII), <http://canlii.ca/t/j9khs>

– 4 yr old ordered to attend in-person schooling

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