Dr. Sharon Marcovitch

The parties separated and initially agreed to a graduated shared parenting schedule.

Following an incident where the mother was charged with assaulting one of the children (charges later withdrawn), the father sought sole decision-making and primary residence.

The Office of the Children's Lawyer (OCL) recommended sole custody to the father with limited parenting time for the mother.

The court rejected the OCL's recommendations, finding the investigation flawed and the father's unilateral actions concerning.

The court ordered a week-on/week-off shared parenting schedule and a parallel parenting regime, granting the mother final decision-making authority over health and the father final decision-making authority over education.

The minor plaintiff suffered a severe hypoxic-ischemic brain injury at birth due to the admitted negligence of the defendant hospital's nurses in artificially rupturing the membranes.

The defendant conceded the breach of the standard of care and that it caused the plaintiff's ataxic hypotonic cerebral palsy, but argued her cognitive and behavioural issues were caused by genetically inherited ADHD.

The court rejected the genetic ADHD theory, finding the birth injury was the sole cause of all the plaintiff's physical, cognitive, and behavioural deficits.

The court awarded over $5.2 million in damages, including $250,000 for general damages, $1.88 million for future loss of income, and extensive future care costs for therapies, supported independent living, and home modifications.