Sherman

The applicant mother brought an urgent motion seeking an order to enroll the parties' child, Aria Singh, at Eatonville Junior School in Etobicoke and to sever the divorce from corollary issues.

The respondent father sought to enroll the child at Ethel Gardiner Public School in Georgetown.

The court, applying the "best interests of the child" principle, determined that Aria should attend Eatonville Junior School to maintain stability in her residential schedule and minimize disruption, considering the mother's commute and the parents' work uncertainties.

The motion to sever the divorce was not addressed as it was not deemed urgent.

The defendant, Ali Sobhani, brought a motion to amend his Statement of Defence and counterclaim after partial summary judgment had already been granted, finding him liable for breach of an Agreement of Purchase and Sale and forfeiture of his deposit.

The proposed amendments sought to introduce defences of frustration, impossibility, and force majeure, and to reclaim the deposit.

The motion was dismissed on the grounds of res judicata and issue estoppel, as the issue of liability had been finally determined by Justice Charney.

The court found no exceptional circumstances to warrant re-litigation of liability.