Dr. Renee Fitzpatrick

The applicant mother sought to vary a 2010 custody order for her son, AJ, who has moderately severe autism, requesting a week on/week off parenting schedule and a variation of child support.

She also sought determination of post-secondary costs for her daughter, Jessie.

The respondent father sought a variation of custody for AJ to 24/28 days with him, retroactive and ongoing child support, and an order appointing him as guardian of AJ's property.

The court found a material change in circumstances due to Jessie's departure for university.

The court ordered a week on/week off schedule for AJ, with the mother responsible for driving him to school to avoid long bus rides.

The mother was ordered to pay $7,193.14 in retroactive child support to the father and $500 per month directly to Jessie for her post-secondary education.

The father was appointed guardian of AJ's property, with a directive to share ODSP payments equally with the mother.

The applicant was injured in a 2007 motor vehicle accident and claimed she suffered a catastrophic impairment due to a mental or behavioural disorder.

She also claimed various statutory accident benefits.

The arbitrator found that while the accident materially contributed to her mental or behavioural disorder, the impairment was moderate, not marked, largely due to significant pre-existing conditions and functional limitations.

The claim for catastrophic impairment was dismissed, along with claims for attendant care, housekeeping, and income replacement benefits.

However, claims for massage therapy, physiotherapy, a neuro-psychological assessment, speech therapy, psychological therapy, and prescription medication were granted.

A special award was also granted for the insurer's unreasonable delay in paying for the neuro-psychological assessment and psychological therapy.