June 23, 2021 – Competing School Cases

“In Thomas v. Osika, 2018 ONSC 2712 (Ont. S.C.J.), Justice Audet reviewed the factors and jurisprudence on school placement issues.  The choice of school is a matter of judicial discretion and to assist in this determination, several principles have emerged over the years.  They include, inter alia, the following: development of a plan for the child’s education; ability of the parent to assist with the homework; emphasis must be placed on the interest of the child and not the parent; promote and maintain a child’s cultural and linguistic heritage; the impact to the child of changing schools; decisions that were taken before the separation; problems with the proposed school.  Cases are fact specific and a decision must always be made in the best interest of the child.”

         Hearty v. Hearty, 2020 ONSC 3875 (CanLII) at 51