The respondent father brought a motion to stay new orders issued by an Ontario Court of Justice judge pending appeal.
The motions judge had initially ordered the child to attend the father's preferred school, but later issued new orders changing the school to the mother's preference after realizing she had not considered all the evidence.
The motions judge also engaged in ex parte communications with the mother's counsel.
The Superior Court granted the stay, finding a strong likelihood of success on appeal due to jurisdictional errors, breach of natural justice, and reasonable apprehension of bias, and ordered the child to return to the father's preferred school pending the appeal.
