Mark Joseph Zega

The appellant, Casey Zizek, appealed the dismissal of a motion to stay proceedings.

The underlying action involved an alleged fraud by the defendants against the respondent school board.

The school board had settled with other defendants via a Mary Carter or Pierringer agreement but failed to immediately disclose this to the appellant.

The Court of Appeal found that the motion judge erred by not applying the principle that immediate disclosure of such agreements is mandatory and that failure to do so constitutes an abuse of process, regardless of prejudice.

The appeal was allowed, and the proceeding was stayed.

A parent sought accommodation from a school board to receive advance notice of classroom instruction on topics he considered "false teachings" based on his sincere Christian and Greek Orthodox beliefs, including matters related to sexual orientation, gender identity, and moral relativism.

The parent requested the ability to withdraw his children from such classes.

The school board refused, citing its statutory mandate to provide an inclusive and non-discriminatory educational environment.

The application judge found that while the board's refusal engaged the parent's freedom of religion, it was reasonable and proportionate.

The Court of Appeal dismissed the appeal, finding that the parent failed to establish any objective interference with his religious freedom, as he provided no evidence of actual harm to his children despite years of attendance at the school.