Fraternal Relationship Trumps Artistic Talent

From Eugene Meehan-

FAMILY LAW: CHOICE OF SCHOOLS There is a publication ban on the names of the parties in this case. The dispute between the parties concerned the elementary school in which their child is to be registered in September 2010. The father, who is the Applicant, would prefer that the child begin school at a school the parties had previously agreed on orally. According to him, the school in question is one where the child would be able to develop his artistic abilities and musical talent and would be with several friends from daycare who live in the same neighbourhood as he does or who take swimming lessons with him. The mother, who is the Respondent, would prefer to send the child to the same school as his older half-brother. In her opinion, that would permit the child to grow up in the same school environment as his half-brother, thus bringing him a measure of stability. The father filed a motion for, inter alia, an order that the child be registered at the first school.

The Superior Court held that fostering the fraternal relationship between the children should be preferred to placing the child in an academic program suited to his aptitudes in which he would be with a few friends, and it accordingly authorized the mother to register the child in the school she favoured. The C.A. granted the mother's motion to dismiss the appeal on the basis that the appeal had no reasonable chance of success.F.H. v. A.-C.L. (Quebec C.A., March 22, 2010) (33715) "The application for leave to appeal...is dismissed without costs."

Regards,

Blair

Supreme Court Denies Federal Inmate Leave to Appeal

From Eugene Meehan: The Applicant was a federal penitentiary inmate and injured while carrying out supervised work in the woodworking shop. He brought a successful claim in negligence against the Respondent but was denied damages for adverse psychological or psychiatric sequela, or the declaratory relief he sought concerning conditions at the prison. The Applicant appealed and filed a memorandum of fact and law with the Federal C.A. which far exceeded the maximum length prescribed by Rule 70(4) of the Federal Courts Rules. When the Applicant did not comply with directions to file a memorandum in conformity with Rule 70(4), the Federal C.A. dismissed his appeal for failure to file a memorandum of fact and law. Muri Chilton v. Her Majesty the Queen in Right of Canada (Federal C.A., July 8, 2010) (33705) "The application for leave to appeal...is dismissed without costs."


Regards,

Blair