The appellant mother appealed an interim order granting the respondent father decision-making authority to have their seven-year-old child vaccinated against COVID-19.
The Divisional Court dismissed the appeal, applying the Court of Appeal's guidance in J.N. v. C.G. The court held that government recommendations regarding vaccination are admissible under the public document exception to the hearsay rule, and judicial notice may be taken of regulatory approval.
The motion judge correctly placed the onus on the mother to establish why the child should not be vaccinated, and did not err in allocating decision-making on an interim basis or in weighing the mother's views as the primary caregiver.
