J. Mammon

The applicant mother, who had primary de facto custody of the parties' child, brought a motion seeking court authorization to have the child vaccinated at an urgent care pediatric clinic during the Covid-19 pandemic.

The respondent father did not oppose vaccination but wanted it done by the child's regular doctor with his input.

The court found that it was in the child's best interests to be vaccinated under medical supervision, noting the regular pediatrician was not practicing during the pandemic.

The court granted the order and also awarded the respondent partial indemnity costs of $3,131.29 for a previous motion.

The respondent father brought a motion for in-person and video access to the parties' child during the Covid-19 pandemic.

The applicant mother did not oppose the access but brought a cross-motion regarding vaccinations, which was adjourned due to short notice.

Applying the best interests of the child test and the principle of maximum contact under the Divorce Act, the court granted the respondent temporary access on alternating weekends and virtual access twice a week, subject to Covid-19 safety protocols.

A timetable was set for the cross-motion.