A. Palazzo

The applicant father brought a motion for equal parenting time with the parties' two young children, while the respondent mother sought to restrict his time to alternate weekends.

The mother had previously removed the children to Prince Edward Island without notice and subsequently gatekept the father's parenting time upon their return to Ontario.

The court found that the mother's withholding of the children was not child-focused and that the children needed regular, frequent contact with both parents.

Applying the best interests of the child factors under the Children's Law Reform Act and referencing AFCC guidelines, the court ordered an alternating Week 1 and Week 2 schedule to ensure the children are not away from either parent for more than five days.

The respondent father brought a motion seeking an order that the children attend in-person school or, alternatively, that he be granted equal parenting time to assist with their remote learning.

The applicant mother, who had de facto and legal custody, had enrolled the children in remote learning due to concerns about the COVID-19 pandemic and one child's history of asthma.

The court found no compelling evidence that the mother's decision was contrary to the children's best interests and declined to interfere with her decision-making authority.

The father's alternative request for equal parenting time was also dismissed, as a change in the learning platform did not justify altering the long-standing parenting regime.

The plaintiff, Elizabeth Fernandez Vargas, sued the City of Hamilton and other defendants for personal injuries sustained in a slip and fall on an icy sidewalk.

The claims against the other defendants were dismissed by consent.

The City of Hamilton brought a motion for summary judgment seeking dismissal of Ms. Vargas's remaining claim.

The court found no genuine issue requiring a trial and determined that there was no evidence of gross negligence on the part of the City, which is required for municipal liability for snow or ice on a sidewalk under the Municipal Act, 2001.

The City's winter maintenance program, delegated to the adjacent property owner (St. Peter's) via bylaw, was deemed reasonable, as was St. Peter's response through its contractor (Heritage Green).

The motion for summary judgment was granted, and the plaintiff's claim against the City was dismissed.