Event and Time
Event Description
In this case, the applicant father and respondent mother are involved in protracted litigation regarding parenting orders for their child following a final hearing in August 2022. The applicant seeks to re-open the proceedings citing new evidence related to the child's COVID-19 vaccinations, while the respondent also seeks to re-open the proceedings to admit further evidence.
Application and Claims
- Applicant Father’s Application (Filed March 3, 2023):
- Seeks leave to re-open the proceedings. - Requests urgent listing before Deputy Chief Justice McClelland. - Asks for the mother to discharge an injunction regarding the vaccination of the child. - Claims the mother should cover his costs on an indemnity basis.
- Respondent Mother’s Response (Filed March 17, 2023):
- Opposes the father’s application. - Seeks to re-open the proceedings to present evidence regarding the benefits and risks of COVID-19 vaccinations for the child. - Requests various orders related to the child’s care and parenting arrangements, including prohibiting the father from administering any COVID-19 vaccines until the conclusion of proceedings.
Judicial Decisions
Both applications by the father and mother to re-open the proceedings were dismissed. The costs related to the hearing were reserved, meaning they would be determined at a later date.
Dispute Points and Legal Basis
Dispute Points
- Father’s Claims:
- The father argues that the mother administered a first dose of the COVID-19 vaccine to the child before the November 2022 hearing without informing him. - He intends to rely on this information to argue that the mother cannot adequately communicate and co-parent moving forward, thereby affecting their shared parental responsibility.