The appellant father appealed an arbitration award that ordered the parties' two children to attend a public school rather than a private Montessori school for the 2020/2021 academic year.
The arbitrator had considered factors including proximity, class size, and community ties.
The appellant argued the arbitrator erred in law by overemphasizing proximity, and made factual errors regarding travel times.
The court admitted fresh evidence from both parties but ultimately found no errors of law, palpable and overriding errors of fact, or errors of mixed fact and law in the arbitrator's exercise of discretion.
The appeal was dismissed, with the court noting that changing schools so late in the academic year during the COVID-19 pandemic would not be in the children's best interests regardless.
