Dr. Clarissa Bush

The applicant mother sought an emergency order for her 13-year-old child, Xander, to attend the Summit Alternative Program at Fisher Park Public School due to his specific learning disorder and neurocognitive disorder.

The respondent father proposed Cedarview Middle School.

The court, applying legal principles for school placement decisions, prioritized Xander's academic needs, finding the Summit Alternative Program specifically tailored for students with learning disabilities.

The court also considered Xander's wishes (which were deemed not fully mature or independent), and logistical factors, ultimately ruling in favour of the mother's proposed school.

The applicant spouse brought a motion seeking disclosure of medical records, a mental capacity assessment, and other orders under the Substitute Decisions Act relating to the respondent spouse’s alleged incapacity to manage his affairs.

The respondents opposed and cross‑applied for dismissal of claims against adult children and for partition and sale of the matrimonial home.

The court found that two professional assessments and counsel’s representations established that the respondent spouse was mentally competent to instruct counsel and manage his affairs.

The applicant’s motion was dismissed, the claims against the adult children were struck, and the court ordered partition and sale of the matrimonial home as no prejudice to Family Law Act rights was demonstrated.