Patricia Naomi Gordon

The Applicant sought leave to appeal an arbitral decision concerning the enrollment of their child in an Early French Immersion program.

The court dismissed the motion, finding that the Applicant failed to establish any errors of law by the Arbitrator as required under section 45(1) of the Arbitration Act, 1991.

The court clarified the distinction between errors of law and errors of mixed fact and law, emphasizing that questions of weight or factual findings do not constitute errors of law.

The court also declined to exercise its parens patriae jurisdiction, noting it is reserved for situations of necessity, danger, or legislative gaps, which were not present in this case.

The Applicant brought an urgent motion seeking a temporary parenting order for her two young children, requesting primary care and specific access for the Respondent.

The Respondent opposed, raising concerns about the Applicant's mental health and parenting ability, initially seeking limited/supervised access, and later proposing a 50/50 schedule.

The court found the Respondent's credibility deeply flawed due to inconsistencies and strategic use of criminal charges.

The court granted the Applicant's request, returning the children to her primary care, citing the children's best interests, the pre-separation status quo, and the Respondent's failure to prioritize the children's needs post-separation.

The Applicant's request for exclusive possession of the matrimonial home was dismissed without prejudice.