Jake Sandler

This decision addresses a motion brought by the mother seeking to maintain their child's current private school placement at Kingsway College School for the 2025-2026 academic year.

The father opposed the placement, proposing a public school alternative or a reduction in his financial contribution to private school expenses.

The court emphasized the importance of maintaining the status quo in temporary parenting orders absent compelling reasons, and found the father failed to provide sufficient financial disclosure or evidence to justify a change.

The court also expressed concern about the father's coercive behavior and unilateral actions.

Ultimately, the court ordered the child to remain at Kingsway with the father contributing 95% of the educational expenses and the mother 5%, consistent with their prior agreement.

The Respondent Wife brought a motion seeking a declaration that the Applicant Husband committed the tort of intrusion upon seclusion by intercepting her private emails and Facebook messages and attaching them to his settlement conference brief.

The Husband argued the communications were not publicly distributed and that declaratory relief was inappropriate.

The court found the Husband intentionally accessed private communications without consent or lawful justification, and that a reasonable person would find this highly offensive.

The court granted the declaration, finding it timely and efficient, but reserved ancillary remedies like damages to the trial judge as they were not sought in the motion.

The applicant sought leave to proceed with an uncontested trial in writing to assess damages against the respondent for breach of fiduciary duty.

The respondent had previously been held in contempt for failing to pass his accounts and had failed to pay a costs order before passing away.

The court granted the applicant leave to proceed under Rule 57.03(2) of the Rules of Civil Procedure, dispensing with the requirement for an order to continue under Rule 11, as the respondent's beneficiaries declined to administer his insolvent estate.