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The Federal Court granted judicial review of a study-permit refusal, finding the officer’s reasons unreasonable for failing to engage with key evidence, including the study plan.
Because the Appellant accepted a renewal offer on July 1, 2022 and continuity indicators (seniority accrual, pension and insurance continuation) show no genuine break in the employment relationship, the teaching contract did not end on June 28, 2022 and she is not entitled to EI for June 29 to August 22, 2022.
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The court varied a parenting order after the father’s move to Central Saanich, allowing alternating extended weekends and home-supported schooling, but denied the mother’s broader requests.
Claims that a school failed to deliver the expected pedagogical approach (educational malpractice) are not actionable in this forum; accordingly the claim regarding Paikea fails and Claimants remain liable for Paikea’s tuition. However the CEO’s communication at the February meeting was properly interpreted as rendering Kaya no longer welcome (repudiation/constructive expulsion) entitling Claimants to recovery of tuition paid for Kaya; net accounting leads to a refund to Claimants of $1,512.50. Individual defendants bear no personal liability.
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A stay was granted because the appellant raised at least one arguable issue and there are special and persuasive circumstances: maintaining the status quo (children remaining at Wallace Consolidated Elementary) pending appeal minimizes greater risk of educational disruption, the trial decision lacked adequate direct evidence from school personnel, and the proposed differential schooling of siblings increased risk of harm.
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The court dismissed an application for a court-ordered educational assessment of a 15-year-old child, finding the evidence did not support claims of illiteracy and that assessment was not in the child's best interests.
Primary residence was transferred to the father because the mother chronically failed to secure school attendance and impeded parental access, harming the children's academic, social and emotional development, while the father demonstrated a stable home and a rational plan to address these problems, making the change necessary to protect the children's best interests.
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The court dismissed the father’s interim application for joint guardianship and school placement changes, finding insufficient evidence to disrupt the children’s current educational arrangements.
The College's program as delivered did not match the representations in its calendar and, critically, the College was not registered under the Private Career Colleges Act; because the Act renders contracts with unregistered private career colleges void and exists to protect students, the court ordered restitution of tuition paid and dismissed the College's counterclaim as unenforceable under the statute.
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The court dismissed a father’s application to vary access, finding the child’s learning-disability diagnosis was not a material change warranting review.
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