James Studer

The respondent mother brought a motion to compel the parties' 14-year-old children to attend in-person schooling.

The applicant father brought a cross-motion seeking an order that the children be permitted to receive the COVID-19 vaccine and that the mother provide their health cards.

The court found that in-person schooling and vaccination were in the children's best interests.

Applying the Health Care Consent Act and the mature minor doctrine, the court held that the children were capable of consenting to the vaccine without parental consent.

The court ordered the mother to provide the health cards and directed that the children attend in-person learning following their first vaccine.

The appellant was successful in an appeal from a Small Claims Court decision and sought costs of $17,185.79 on a substantial indemnity basis.

The court found no basis for substantial indemnity costs as there was no relevant offer to settle.

Applying the factors in Rule 57 of the Rules of Civil Procedure, including the amount at issue ($10,000) and the reasonable expectations of the unsuccessful party, the court found the requested amount unreasonable.

Costs were fixed at $5,000 all-inclusive.