The applicant mother brought an urgent motion to determine whether the parties' three-year-old child should attend junior kindergarten in-person or online.
The mother sought in-person attendance, while the respondent father sought online learning, citing the health risks to his elderly parents who lived with him and had comorbidities.
The court also considered the admissibility of reply evidence, admitting two affidavits but excluding a surreptitious surveillance report.
Applying recent case law on pandemic schooling, the court found that while the father's own conduct regarding Covid-19 protocols was troubling, the risk to his parents' health weighed in favour of remote learning.
The court ordered the child to attend junior kindergarten online.
