Mervyn White

The moving party mother brought an urgent motion seeking permission to travel with the parties' two children to California for one month for work purposes.

The responding party father opposed the motion, citing safety concerns related to the COVID-19 pandemic and the ban on non-essential travel.

The court dismissed the motion, finding that while the travel might be essential for the mother's employment, it was not essential for the children.

The court concluded that the risks associated with international travel during the pandemic outweighed the benefits, and that the father was capable of caring for the children in Ontario during the mother's absence.

The appellant, a police Staff Sergeant, sued her employer and colleagues for discrimination and defamation.

The motions judge dismissed the action, finding the essential character of the dispute was workplace-centred and governed by the collective agreement and the Police Services Act.

On appeal, the appellant limited her claim to defamation, arguing it belonged in the courts.

The Court of Appeal dismissed the appeal, holding that the essential character of the dispute was workplace discrimination and harassment, not defamation, and was therefore subject to the collective agreement's grievance procedure.