Sussman v. Fabrega

Ontario Reports

Ontario Superior Court of Justice

Audet J.

August 28, 2020

152 O.R. (3d) 485 | 2020 ONSC 5162

Case Summary

Family law — Children — Anglophone father seeking to have child enrolled in French immersion junior kindergarten — Mother, fluent in Spanish and English, preferring to have child enrolled in kindergarten with French as a first language — Despite advantages of French-only school, it was more important to have both parents fully engaged and involved in child's education, which was better achieved in French immersion.

The applicant was an anglophone born in Ontario. The respondent was fluent in English and Spanish and was born in Panama. Both parties wanted their three-year-old child to become fluently bilingual in French and English. The applicant sought to enrol the child in a junior kindergarten French immersion program. The respondent's preference was to enrol the child in a kindergarten program with French as a first language. The child had no francophone parent and was eligible to attend a French school only because her brother had. The brother was eligible because he enrolled under the name of the respondent's former common law partner, who was a francophone. The applicant alleged that the respondent was not fluent in French and that her insistence at enrolling the child in a French-only program was a step on the path of excluding him from the child's life. He acknowledged the advantages of a French-only program but maintained that he should have the same opportunity as the respondent to fully participate in the child's education and to be meaningfully involved in her school life, which would not be available to him as a unilingual anglophone parent in a unilingual francophone school. He brought a motion to have the child enrolled in a French immersion program.

Held, the motion should be allowed.

The child was to be enrolled in a junior kindergarten French immersion program. Since neither parent was francophone and neither identified with the French Canadian or Franco-Ontarian cultures in any meaningful way, it was more important for the child to have two parents fully engaged and involved in her education than to learn French at a more proficient level and faster pace, particularly in light of the concern that a French-only education might have been used to marginalize the applicant from the child's life.

Thomas v. Osika, [2018] O.J. No. 3321, 2018 ONSC 2712, 13 R.F.L. (8th) 191 (S.C.J.), apld

Perron v. Perron (2012), 113 O.R. (3d) 600, [2012] O.J. No. 5502, 2012 ONCA 811, 301 O.A.C. 313, 273 C.R.R. (2d) 302, 29 R.F.L. (7th) 164, 225 A.C.W.S. (3d) 749, 2013 CFLG para. 26,834, consd

MOTION to have a child enrolled in a French immersion program.

Katherine Cooligan, for applicant.

Carol A. Crawford and Lauren Wilson, for respondent. [page486]

[1] AUDET J.: — On August 25, 2020, I made an order that the parties' three-year-old child, Abigail, be enrolled in the junior kindergarten French immersion program at the Rockliffe Park Public School ("Rockliffe"), in September 2020. Her mother's preference was that she be enrolled in the junior kindergarten French (as first language) Program at École élémentaire publique Francojeunnesse ("Francojeunesse"). I indicated that my reasons for choosing a French immersion program for Abigail over a French education program would follow. These are my reasons.

Background

[2] The parties met in 2013, started dating in 2014, moved in together in August 2014 and were married on February 14, 2015, in Ottawa. They separated on July 26, 2018. They have one child together, namely, Abigail Sussman, who was born on October 22, 2016 ("Aby").

[3] The mother is originally from Panama. She moved to Canada in 2009 as an attaché with the Ministry of Foreign Affairs for Panama. This position, as a diplomatic position, was subject to political events in Panama. The mother states that following the Panamanian elections on May 5, 2019, and the change in government, her employment was terminated. She has been out of the workforce since January 2020 but states that she is now actively seeking employment.

[4] The mother has two sons from previous relationships. Her eldest son, Joaquin D.L., was born on May 1, 2000 and remained in the care of his father in Panama after his mother moved to Canada. Joaquin is now 20 years old and pursuing post-secondary studies in Boston, Massachusetts (although he is now back to Panama due to the pandemic).

[5] The mother's younger son, Adrian B., was born on May 14, 2007 and is presently 13 years old. Adrian has been in the care and custody of his mother since birth, and she has sole custody of him pursuant to a Panamanian court order. Adrian does not have any contact with his biological father who still resides in Panama. It is the mother's evidence that Adrian's father has alcohol and drug dependency issues, was abusive to her, and that his access to Adrian is subject to his attending psychiatric evaluations. She states that Adrian's father has made no efforts to contact or maintain a relationship with him, and it is not disputed that Adrian remains unaware of his father's identity.

[6] The father is a Program Director and Senior Research Officer at the National Research Counsel of Canada as well as an adjunct professor at the University of Ottawa. Aby is his only biological child. He was never married before. [page487]

[7] Following their separation, the parties entered into a mediation process which resulted in two Temporary Separation Agreements dated November 23, 2018 and December 9, 2018 (herein referred to as the "November 2018" and "December 2018" Agreements). Pursuant to these agreements, the parties have joint custody of Aby and she shares her time equally with each parent (in accordance with a 2-2-5 schedule).

[8] Adrian is not currently seeing Mr. Sussman. The evidence overwhelmingly supports a finding that Adrian has been completely alienated from Mr. Sussman by his mother after separation, to the point that he now not only refuses to have any contact with him, but he perceives him as an evil man who does not deserve a relationship with him and Aby. The evidence also makes it clear, and I find as a fact based on the evidence before me, that Mr. Sussman has acted as Adrian's only father figure from age six to age 11, and that during those years, he was able to build a close, strong and loving relationship with him. This was lost within one year of the parties' separation, as a result of the mother's effective efforts and influence to sever their relationship.

[9] In accordance with the December 2018 Agreement, the parties retained Ms. Chantal Bourgeois to conduct a parenting assessment. As part of that assessment, comprehensive psychological testing of both parents was completed by Dr. Alex Weinberger, and recommendations were made. Information was also collected from a significant number of collaterals, including several professionals (psychologists, psychiatrist, individual counsellors, couple's counsellor and reunification counsellor), as well as Adrian's teacher, the children's nannies, and the parties' friends and family members.

[10] While not all of Ms. Bourgeois' assessment and recommendations are relevant to the issue of my choice of school for Aby, it is important for me to say that it was an exceptional source of information which was grounded upon a thorough and exhaustive investigation and analysis by the assessor. I have relied heavily on the information contained in her report, which she released on April 11, 2019, in concluding that it would be in Aby's best interests to be registered in the French immersion program at the Rockliffe Public Elementary School, even though it goes against her recommendation, which reads as follows:

Abigail will enter junior kindergarten in September 2020. The parents are encouraged to enroll Abigail in a French public school, namely École publique Francojeunesse, to facilitate her bilingualism and follow in her brother's footsteps. If the parties mutually agree to register Abigail in a different school or a French immersion program, then they should be free to do so. [page488]

Legal Framework

[11] In Thomas v. Osika, [2018] O.J. No. 3321, 2018 ONSC 2712, 13 R.F.L. (8th) 191 (S.C.J.), at para. 37, I summarized the principles applicable to a court's decision on the choice of school for a child as follows:

The decision as to the choice of school that a child should attend, when the parents disagree, is ultimately a matter of judicial discretion. However, a number of general principles have emerged from the caselaw to assist the decision-maker in making the decision in the child's best interests. They can be summarized as follows:

a. Sub-section 28(1)(b) of the Children's Law Reform Act specifically empowers the court to determine any matter incidental to custody rights. The issue of a child's enrollment in a school program must be considered as being incidental to or ancillary to the rights of custody (Deschenes v. Medwayosh, 2016 ONCJ 567);

b. It is implicit that a parent's plan for the child's education, and his or her capacity and commitment to carry out the plan are important elements affecting a child's best interests. In developing a child's educational plan, the unique needs, circumstances, aptitudes and attributes of the child, must be taken into account (Bandas v. Demirdache, 2013 ONCJ 679 (Ont. C.J.));

c. When considering school placement, one factor to be considered is the ability of the parent to assist the child with homework and the degree to which the parent can participate in the child's educational program (Deschenes v. Medwayosh, 2016 ONCJ 567);

d. The emphasis must be placed on the interests of the child, and not on the interests or rights of the parents (Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] S.C.J. No. 52 (S.C.C.);

e. The importance of a school placement or educational program will promote and maintain a child's cultural and linguistic heritage (Perron v. Perron, 2012 ONCA 811 (Ont. C.A.);

f. Factors which may be taken into account by the court in determining the best interests of the child include assessing any impact on the stability of the child. This may include examining whether there is any prospect of one of the parties moving in the near future; where the child was born and raised; whether a move will mean new child care providers or other unsettling features (Askalan v. Taleb, 2012 ONSC 4746 (Ont. S.C.J.);

g. The court will also look to any decisions that were made by the parents prior to the separation or at the time of separation with respect to schooling (Askalan v. Taleb, 2012 ONSC 4746 (Ont. S.C.J.);

h. Any problems with the proposed schools will be considered (Askalan v. Taleb, 2012 ONSC 4746 (Ont. S.C.J.);

i. A decision as to the choice of school should be made on its own merits and based, in part, on the resources that each school offered in relation to a child's needs, rather than on their proximity to the residence of one parent or the other, or the convenience that his attendance at the nearest school would entail (Wilson v. Wilson, 2015 ONSC 479); [page489]

j. Third party ranking systems, such as the Fraser Institute's, should not factor into a Court's decision. These systems of ranking do not take into consideration the best interest of the particular child in a family law context (Wilson v. Wilson, 2015 ONSC 479);

k. If an aspect of a child's life, such as school placement, is to be disrupted by an order of the court, there must be good reason for the court to do so. Thus, before a court will order a child to transfer schools, there must be convincing evidence that a change of schools is in the child's best interests (Perron v. Perron, 2012 ONCA 811 (Ont. C.A.);

l. Custodial parents should be entrusted with making the decision as to which school children should attend. When a sole custodial parent has always acted in the best interest of a child, there should be no reason to doubt that this parent will act in the best interest of the child when deciding on a school (Adams v. Adams, 2016 ONCJ 431);

m. Those cases are very fact-driven. The courts are not pronouncing on what is best for all children in a general sense but rather deciding what is in the best interests of this child before the court (Deschenes v. Medwayosh, 2016 ONCJ 567).

Analysis

[12] The parties both agree that Aby is an exceptionally bright, intelligent and curious child who has already shown an aptitude and curiosity towards languages. She was described by the assessor as "a toddler who presents as an independent, happy, energetic, bright, and advanced young girl" who had "an impressive vocabulary and seems eager to learn and try different play activities". By all accounts, she has no special needs and is reaching her developmental milestones earlier than the average child. The assessor was of the view that she should be able to easily adapt in a French school.

[13] The mother is fluent in Spanish and English, and perhaps in French as well (this is disputed by the father). She was raised in the Christian faith. She was born in Panama City, but states that she attended a French school in Switzerland (I am unaware of the particulars of her education in terms of grades completed and the number of years she was schooled in French). She attended university in the United States and travelled with her father to India while she was in university. She values multi-culturalism and says that she instills an appreciation for different cultures and languages in her children. She wants her children to be fluent in both of Canada's official languages.

[14] The father was born and raised in Ontario and he is a unilingual anglophone. He spent time in Spain and also speaks Spanish, so he says he has no issues with the children learning different languages. Being of the Jewish faith, he states that he embraces multi-culturalism as well, and would like Aby to be bilingual in French and English, like her brother Adrian. [page490]

[15] The parties acknowledge and support each other's faith, which is why they agree to Aby being registered in a public school as opposed to a religious-based school.

[16] I find that both parents have a genuine desire for Aby to become fluently bilingual in French and English. Further, they both wish for her to become proficient in Spanish in the future. They both recognize and value the significant benefits that flow from one's ability to speak multiple languages in terms of life opportunities and career advancement. I find, as a fact, that they are both fully committed to assist and support Aby in achieving complete proficiency in French, to the best of their respective ability. That is not what drives their dispute in relation to Aby's choice of school.

[17] This is not a case where the parties argue that one school is more or less advantageous to their child based on practical issues such as location, class sizes, access to specialized services within the school, availability of before and after school daycare or access to school transportation. While the mother argues that Aby's attendance at Francojeunesse will foster a strong bond between Aby and her brother Adrian, in addition to allowing them to start and finish school at the same time, those factors have had no impact on my decision. Given their ten-year age difference, Aby and Adrian will always be enrolled in different schools and even if they have the same start/finish times, one is old enough to care for himself before and after school while the other will require before and after school care for years to come.

[18] This case is about language proficiency, cultural exposure and one parent's ability to fully participate in his child's education when he does not speak the language in which the other parent wishes the child to be educated. The issue is whether Aby should be schooled in French exclusively, with the added benefits of making her more proficient in French at a much faster pace and providing her with greater exposure to the Franco-Ontarian culture, or in a French Immersion program, where she will be schooled primarily in an English environment and culture while receiving an extended French education, albeit at a slower pace and lower proficiency level, with very limited exposure to the Franco-Ontarian culture.

[19] The mother feels it is in Aby's best interests to receive a French language education at Francojeunesse, where Adrian completed grades 2 to 6 (he moved to high school in September 2019). She is of the view that Aby should have the same educational experiences, opportunities and advantages as her brother had, an education that recognizes her own language fluency and in a cultural setting that is closer to her own culture than the [page491] English Canadian culture. She is of the view that the quality of education offered in the Ottawa's French language school boards is preferential and superior to the education offered in the Ottawa's English language school boards, a view that is supported by Ms. Monika Ferenczy, who provided an expert opinion in support of the mother's position.

[20] The father states that Aby was not exposed to the French Canadian or Franco-Ontarian cultures during the parties' relationship and that the language used in the home by both parents was always English. He alleges that the mother is not fluent in French, which is barely her third language, and that her insistence at enrolling Aby in a French-only education program is a step on the path of excluding him from Aby's life. While he acknowledges that being enrolled in a French-only program will contribute to Aby becoming proficient in French much faster than in a French immersion program, he maintains that as a highly educated individual who cares for Aby half of the time, he should have the same opportunity as the mother to fully participate in Aby's education and to be meaningfully involved in her school life. This, he says, will not be available to him as a unilingual anglophone parent in a unilingual francophone school.

[21] In support of her assertion that it is in Aby's best interests to be enrolled in a French education program, the mother relied on the expert opinion of Ms. Monika Ferenczy, an Educational Consultant & Diagnostician with 25 years' experience teaching children from junior kindergarten to grade 12, who has qualifications as a Specialist in Special Education, School Principal and Education Law. In her affidavit sworn August 18, 2020, Ms. Ferenczy states that she was retained by the mother to provide an opinion as to whether Aby "should be registered in the French School Board [. . .] or in the English School Board". She concluded that, in her professional opinion, "École élémentaire publique Francojeunesse will provide Abigail with the best educational setting and programming which satisfies the Ottawa location of her residence and school, cultural preferences and influences, and her best interests through the years of elementary schooling and quality of education".

[22] While I accept Ms. Ferenczy's qualifications as an expert to provide opinion evidence about the advantages and disadvantages of a French education versus a French immersion education, I find that she does not have the qualifications or the necessary knowledge of this family's complex dynamics to provide an opinion about the choice of school that would be in Aby's best interests. [page492]

[23] Ms. Ferenczy was retained by the mother alone less than two weeks before she provided her opinion and expert report to the court. On her own admission, her opinion is based exclusively on the information provided to her by the mother and she has never met the father, Aby, Adrian or any of the other professionals involved with this family. In offering a "best interest" opinion in those circumstances, I question whether she truly understood her expert's duty to provide opinion evidence that is fair, objective and non-partisan.

[24] I find that the following facts upon which her opinion is based, conveyed to her by the mother, are either inaccurate or simply untrue:

-- that the mother identifies with the Franco-Ontarian community as a member of Latino/Hispanic culture;

-- that the father's preference for a French immersion program for Aby is because he does not speak French (without further qualification);

-- French is actively spoken in the home.

[25] I acknowledge and accept that a French education compared to a French immersion education, in and of itself, will lead to higher proficiency in the French language and much faster, in addition to responding to a child's specific cultural needs if that child has a francophone heritage. I accept, as opined by Ms. Ferenczy, that French immersion programs are focused on teaching French as a second language rather than as a first language, and that French immersion programs are generally designed for children whose parents do not speak French as their first language but wish to offer their children a bilingual education opportunity. There is a distinct difference in the language expectations and performance thresholds that students in a French language program are expected to achieve. These important differences were clearly articulated by our Court of Appeal in Perron v. Perron (2012), 113 O.R. (3d) 600, [2012] O.J. No. 5503, 2012 ONCA 811, beginning at para. 18.

[26] I accept, and this is not contested by the father, that Aby's level of proficiency in French will be greater if she is registered in a French language program than if she is registered in a French immersion program, and that she will become proficient in French at a much faster pace. I also accept that in a French program, Aby will be exposed to the Franco-Ontarian culture in her school setting which would promote the building of an identity as a Franco-Ontarian. [page493]

[27] The importance of choosing a school placement or educational program that will promote and maintain a child's cultural and linguistic heritage has also been clearly established by our Court of Appeal in Perron. However, before this factor comes into play in the court's analysis of a child's school placement, it must be established that a parent or the child is part of, or identifies with, a particular culture or linguistic heritage. In this case, the father is an English Canadian who speaks Spanish and the mother is a Spanish Panamanian who speaks English and French.

[28] I do not accept that historical relevance of French language and culture in Latin America, linguistic similarities between French and Spanish, and having attended a French language school (for a conveniently undisclosed number of months/years) as part of the mother's own childhood educational experience, without more, supports a finding that the mother or the child identifies with the French Canadian or Franco-Ontarian cultures or that French is now part of the child's linguistic heritage.

[29] Aside from the fact that Adrian has continuously been registered in a francophone education program since he entered kindergarten or grade 2 (this was not clear), the reason for which I will address in a moment, there is not a shred of evidence submitted by the mother that would demonstrate that she has engaged or participated in any way, shape or form in the French Canadian or Franco-Ontarian cultures, that she has taken part of these communities in some way, or that she has ever exposed the children to these cultures in or outside of the home -- with the single exception of Adrian having being enrolled in a French school.

[30] As part of the information provided to the assessor back in 2018-2019 during her interviews with her, the mother confirmed that she identified with the Panamanian and Latino/ Hispanic cultures, that she spoke to Adrian in English and French and that she wanted to embrace her cultural heritage (i.e., her Panamanian heritage) more and be able to speak Spanish with Aby and Adrian (Aby does not speak Spanish and Adrian has not been significantly exposed to it). The mother did not share with the assessor identifying in any way with the French Canadian or Franco-Ontarian culture.

[31] There is no evidence of the mother or Aby attending any of the many Franco-Ontarian cultural events routinely taking place in the Greater Ottawa Region; there is no evidence of the mother, Aby or Adrian being registered in activities, sports, groups or organizations dedicated to French speaking kids; there is no evidence that the mother has established ties with [page494] the Franco-Ontarian community or that she has taken positive steps to create such ties for her children.

[32] In fact, the only basis for the expert's assertion that the mother identifies with the Franco-Ontarian culture is that "French is actively spoken in the home" -- something that is in no way supported by the evidence before me -- and that Aby is exposed to the French language through "literacy initiatives in French at home". Other than confirming that the mother has French books in the home which she sometimes reads to Aby and Adrian, as reported in both the mother's and Ms. Ferenczy's affidavits, there is absolutely no other evidence of "literacy initiatives in French at home".

[33] While the mother asserts that she is fluent in French, that she identifies more closely with the French-Canadian culture than the English Canadian culture, and that French is actively spoken in her home, I note that she chose to pursue this matter in English exclusively and that the assessor's report is written in English. The father's evidence is that the parties spoke English exclusively in the home, and that the mother does not have a history of supporting multiple languages at home. While he acknowledges that the mother is fluent in both Spanish and English, he states that the mother only has rudimentary spoken French, and limited reading/writing skills in that language. Based on all the evidence before me, I look at the mother's allegation that she is more closely aligned with French than English with significant scepticism, although I do not doubt for one minute that she truly and genuinely wants both her children to become fluently bilingual.

[34] Aby has no francophone parent and therefore, she is only eligible to attend a French school because her brother, Adrian, previously attended Francojeunesse. It is not disputed that Adrian was only eligible to be enrolled in a French school because the mother's former common law partner, a man named Florent, was a francophone (from France) and she was able to use his name as the francophone parent to enroll Adrian. The father alleges that Francojeunesse was chosen by the mother at that time only because it was the closest school for convenience, and language would not be an issue with a francophone common-law partner to assist with homework.

[35] I make no findings with regards to the mother's motives for registering Adrian in a French program when he began his schooling. However, it is important to consider the assessor's findings with regards to Adrian's level of success and overall adjustment in school. At p. 65 of her report, she reports that Adrian is not engaged in school academically and tends to read during class and [page495] recess instead of interacting or participating in class and work. Adrian reportedly stated, repeatedly, that he hates school, which he finds boring, hard, demanding and that he hates the rules. He appeared to the assessor to have largely disconnected from school and seemed to be significantly under-performing compared to his obvious intelligence and potential.

[36] As part of her clinical investigation, the assessor interviewed Ms. Szymariska, Adrian's Grade 6 teacher (the academic year which immediately followed the parties' separation). She reported that Adrian had issues with homework completion, rarely brought his materials and often lost items provided to him in class. There have been numerous times when Adrian has been unable to participate in class outings because of forms not signed by the mother, and that he frequently had to spend recess in class due to work not being completed. In contrast, in his report cards for the two preceding years, Adrian received much higher marks in all subjects. The evidence before me shows that Mr. Sussman was actively engaged in Adrian's schooling, despite the language barriers, while the parties were together. All this evidence tends to support his assertion that the mother has struggled to support Adrian at his French school on her own.

[37] The parties are both highly educated and motivated in ensuring their children's academic success. The father is a professor and a scholar, and he has much to offer Aby in relation to her education. Although the father does not speak French, he has shown by his actions towards Adrian that he will be equally committed to assist Aby with the French part of her education although he recognizes that it will be more challenging for him than for the mother. Nonetheless, I accept that Aby's registration in a French only school will limit the role that the father can play in her education including in her school life outside of class. His ability to participate in and understand Aby's school activities, presentations, plays and other events will be less meaningful. He will not be able to communicate in French with Aby's peers, teachers, school staff and other parents, and he will have limited ability to understand anything going on within the school.

[38] The mother's very negative views of the father, and her tendency to exclude the people who disagree with her from her children's lives, without regard to the children's best interests, is also concerning to me and very relevant to the choice of school that I make for Aby. It is not disputed that the mother has chosen to sever close and loving relationships between the children and third parties based on her own conflictual relationship with them (either real or perceived), and with little regard to how these lost relationships have negatively impacted the children. [page496]

[39] This includes, but is not limited to, Adrian's relationship with her former common law spouse Florent (with whom he reportedly had a very close bond and whom he misses very much), Aby's relationship with Ms. Gamongan, her nanny since she was three month old (shortly after separation the mother hired a different nanny to care for Aby during her parenting time based on her perception that Ms. Gamongan had sided with the father), and Adrian's relationship with Mr. Sussman. It was the assessor's conclusion that the mother tends to cut professionals and people out of her and the children's lives when she is challenged or feels that they are taking the other person's side.

[40] It is not disputed that the mother initially wanted to move to the United States with Aby and Adrian after the parties' separation -- she has since abandoned that plan --, although she had no concrete parenting plan to propose or employment opportunities available to her there. This shows an important disregard for Aby's need to maintain her close and loving relationship with her father. There is a real concern, in my view, that the mother may use Aby's French education as a means to marginalize the father from Aby's life, as is alleged by the father.

[41] While I have carefully considered the assessor's recommendation that Aby be registered in the French program at Francojeunesse, I come to a different conclusion based on all the above factors and evidence. In addition, it does not appear to me that the issue of the choice of school for Aby was one that received much focus and consideration during the assessment process. The parties' respective position on this issue was not discussed in the assessor's report, nor were the parents' reasons for insisting on different educational programs. I am left with the feeling that this was a very secondary issue which was significantly overshadowed by much more serious and central issues such as decision-making, relocation, parenting time and allegations of wrongful conduct, mental health issues and intimate partner violence.

[42] In my view, the assessor's recommendation that Aby be registered in a French program was based largely on her conclusion that Aby was fully capable of performing well in a French-only education setting, something that is fully supported by the evidence before me. However, this is not the only consideration, and the assessor's acknowledgement that the parents should also feel free to enroll Aby in a French immersion program if they mutually agreed reflects that. [page497]

Conclusion

[43] In my view, since neither parent is francophone, since the father does not speak French, and given my conclusion that neither Aby nor either of her parents identifies with the French Canadian or Franco-Ontarian cultures in any meaningful way, I find that it is more important for Aby to have two parents fully engaged and involved in her education than to learn French at a more proficient level and faster pace, particularly in light of my real concern that a French-only education may be used by the mother to marginalize the father from Aby's life.

[44] This is even more so given my finding that both parents are fully committed and highly motivated to ensuring that Aby becomes fluently bilingual like her brother Adrian. While a child's educational program is a crucial part of a child's ability to achieve bilingualism, there are also many other ways in which this objective can be supported and accomplished. Exposing the child to the language as frequently as possible through extracurricular activities, socialization opportunities and participation in linguistically focussed events, among others, can significantly contribute to a child's bilingualism and identification with a particular culture. This is available to both parents.

Order

[45] For all those reasons, I order that Aby shall be enrolled in the junior kindergarten French immersion program at the Rockliffe Park Public School, in September 2020.

[46] The father is the successful party in this motion. If the parties are unable to agree on costs, they may provide written submissions not exceeding three pages (exclusive of Offers to Settle and Bills of Costs) in accordance with the following timelines:

-- the father shall provide his submissions within 15 days from the date of this decision;

-- the mother shall provide her submissions within 15 days thereafter;

-- the father may serve and file a brief reply, within five days thereafter.

Motion allowed.

End of Document