The applicant father brought a motion to have the parties' eight-year-old child return to in-person schooling during the COVID-19 pandemic.
The respondent mother opposed, seeking to continue online learning due to her chronic auto-immune disease and the young age of her other children.
Applying the factors from Zinati v. Spence, the court found that while the child was not at increased risk, the significant risk of harm to the mother and younger siblings outweighed the benefits of in-person learning.
The court ordered the child to continue with online learning for the 2020/2021 school year.
