Andre Lozano

The Applicant Mother brought a Motion to Change the Final Order of Justice Mackinnon, seeking sole decision-making authority and a varied parenting schedule for the parties' eight-year-old child.

The Respondent Father sought dismissal of the motion.

The court found a material change in circumstances due to the father's adherence to conspiracy theories, which negatively impacted his ability to make decisions in the child's best interests, particularly regarding health and education.

The court granted the mother sole decision-making authority and varied the weekday parenting time to reflect the current practice.

However, the alternating weekend parenting time remained unchanged, as it was deemed consistent with the child's best interests.

The applicant father brought an interim motion seeking sole decision-making authority to have the parties' two children vaccinated against Covid-19.

The respondent mother opposed the vaccination, citing concerns about side effects.

The parties had a 2018 Separation Agreement providing for joint decision-making.

The court declined to take judicial notice that the children's weight made them particularly vulnerable to Covid-19 and found the mother's concerns were reasonably held.

The court dismissed the motion, holding that there was no compelling reason to change the joint decision-making arrangement on a temporary basis before a full trial.

The applicant mother brought an urgent interim motion seeking an order to permit her to have the parties' seven-year-old child vaccinated against COVID-19.

Under an existing final order, the respondent father had final decision-making responsibility for the child's health.

The father opposed the vaccination, citing concerns over safety and the changing pandemic environment.

The court held that while it could take judicial notice of Health Canada advisories regarding the safety and efficacy of the vaccine, the mother failed to establish a material change in circumstances on an interim basis to justify overriding the father's decision-making authority.

The motion was dismissed, with the issue to be determined at the final hearing of the Motion to Change.