Dr. Joel Hundert

The parties separated after a 23-year marriage and engaged in a high-conflict custody dispute over their two children, one of whom has severe special needs.

The applicant mother sought joint custody and an equal time-sharing schedule, while the respondent father sought sole decision-making authority and primary residence for the special needs child during the school week.

The court found that the mother was unable to co-parent effectively, communicate with professionals, or prioritize the children's needs over her animosity toward the father.

The court granted sole decision-making authority to the father, ordered primary residence with the father for the special needs child during the school week to ensure consistency, and ordered an equal time-sharing schedule for the younger child.

The father's request to wind up a family trust was dismissed without prejudice due to procedural issues.

The applicants, twin boys with autism and severe developmental disabilities, alleged discrimination on the basis of disability after being discharged from the respondent's Autism Intervention Service, which resulted in a loss of funding for Intensive Behavioural Intervention (IBI) treatment.

The respondent requested a summary hearing to dismiss the applications for having no reasonable prospect of success.

The Tribunal found that the decision to discharge was a clinical one and that the applicants failed to provide evidence linking the discharge or the evaluation process to discriminatory factors based on their disabilities.

The applications were dismissed.

The appellant parent appealed a school board's decision to place her child, who has autism and significant behavioural needs, in a Special Education Class (Intensive Support Program).

The parent sought a placement in a Regular Class with Resource Withdrawal.

The Tribunal found that the student's aggressive behaviours posed a safety risk and that the student had not made noticeable gains in a Regular Class setting.

The Tribunal concluded that a full-time Intensive Support Program placement was in the student's best interests to provide a structured environment, reduce anxiety, and address behavioural and academic needs, and dismissed the appeal.