In a shared custody arrangement, the parents could not agree on which elementary school their young child should attend.
The court was asked to determine this specific incident of custody under the Children's Law Reform Act based on the child's best interests.
The court assessed factors including stability, proximity to the parents' homes, family supports, daycare connections, transportation considerations, school programming, and the availability of French Immersion.
Although both schools could meet the child’s needs, the court found stronger evidence regarding the programming and opportunities at the school proposed by the father, including the availability of early French Immersion.
The balance of the evidence favoured that option.