Rachel Eddy

The respondent successfully moved to set aside an ex parte restraining order previously granted to the applicant.

The court found that the applicant acted unreasonably in bringing the initial motion without notice and failing to provide a full evidentiary record.

The respondent sought full indemnity costs of $2,440.80.

The court awarded the respondent costs fixed at $2,000, noting the applicant's unreasonable behaviour warranted an award somewhat higher than partial indemnity.

The parties, who shared joint custody of their 10-year-old child, disagreed on whether the child should attend school in person or online during the COVID-19 pandemic.

The moving party father sought an order for in-person attendance, while the responding party mother preferred online schooling due to fears of COVID-19 exposure.

The court applied the factors from Zinati v. Spence, noting the child had no underlying health risks and the statistical risk of severe illness from COVID-19 for children was extremely low.

The court granted the father's motion, ordering the child to attend in-person schooling, with no order as to costs.