Wise Law's Top 10 LawTweets for the week of November 30, 2020

Here are our Top 10 #LawTweets for the week of November 23, 2020.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

Wise Law's Legal Headlines for the week of November 30, 2020

Here are our leading legal headlines for the week of November 30, 2020 from Wise Law on Twitter:

• A man wearing Trump gear who was seen deliberately exhaling on women outside Trump golf club has been charged
  

• Small businesses say they’re ‘unfairly targeted’ by lockdown as Ontario reports 1,589 new COVID-19 cases
  

• Trump campaign appeals after federal judge tosses suit, calls one claim ‘Frankenstein’s monster’
  

• Indigenous man and granddaughter handcuffed at Vancouver bank file human rights complaint against BMO, police
  

• Joe Biden's team to begin transition to the White House as GSA certifies election results
  

• Pennsylvania Supreme Court rejects Trump campaign's effort to block counting certain absentee ballots
  

• ‘Clearly, we were doing it wrong’: Toronto police are doing far fewer strip searches under strict new rules, Interim chief says
  

• Arkansas is trying to ban all abortions in the state

• $15,000 Fine After Secret NY Hasidic Wedding Draws Thousands of Guests
  

• Can being forced to listen to ‘Baby Shark’ be considered cruel and unusual punishment?
  

• Congressman seeks to have Rudy Giuliani disbarred over attempts to overturn election
  

• Judge’s threat to add lawyer to pro bono list could be seen as punitive, 6th Circuit says
  

• Sidney Powell is a beacon of hope to sad QAnon supporters
  

• Homicide detectives have a ‘person of interest’ in the Barry and Honey Sherman murder investigation
  

• Report blames top Montreal Church officials for ignoring complaints about priest who preyed on young boys
  

• Trump pardons Flynn, taking direct aim at Russia probe
  

• Over 30 Trump Campaign Lawsuits Have Failed. Some Rulings Are Scathing
  

• Toronto police at Adamson Barbecue for second straight day after owner threatens to reopen
  

• Irwin Cotler named special envoy for Holocaust remembrance and the fight against anti-Semitism
  

• South Korean leader of online sexual blackmail ring sentenced to 40 years
  

• In a 5-4 ruling, Supreme Court sides with religious groups in a dispute over Covid-19 restrictions in New York
  

• Toronto police officer says she faced years of sexist, racist retribution for reporting colleague
  

• Firing Squads and Electrocution? New US Rule Would Allow More Execution Methods
  

• Locks changed, police on scene at Etobicoke BBQ restaurant that defied lockdown orders
  

• Quebec mosque shooter's 40-year sentence was 'cruel and unusual' punishment, appeals court rules | CBC News
  

• Man arrested after assault of Walmart employee who asked him to wear face mask, B.C. RCMP say
  

• Federal appeals court denies Trump campaign effort to revive Pennsylvania lawsuit saying 'claims have no merit'
  

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

Wise Law's Top 10 LawTweets for the week of November 23, 2020

Here are our Top 10 #LawTweets for the week of November 23, 2020.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

Wise Law's Legal Headlines for the week of November 23, 2020

Here are our leading legal headlines for the week of November 23, 2020 from Wise Law on Twitter: 

• At least 82,000 have filed sex abuse claims against the Boy Scouts, legal team says
  

• Ontario law will protect the right to wear Remembrance Day poppies in workplaces
  

• Hate Crimes in U.S. Rose to Highest Level in More Than a Decade in 2019
  

• Supreme Court puts off action on Trump-related cases; is it waiting for the clock to run out?
  

• New City of Toronto COVID-19 restrictions are not a surprise but are a disaster for retailers
  

• Florida Lawyer Charged With Extorting N.F.L. Player in Robbery Case
  

• Traffic ticket cases have ground to a ‘screeching halt’ in Ontario courts as advocates warn bad drivers may go unpunished
  

• Companies could face hefty fines under new Canadian privacy law
  

• Sherman murder detectives obtain evidence from outside Canada, police say
  

• Trump fires agency head who vouched for 2020 vote security
  

• Republicans temporarily block certification of Detroit's election results
  

• Michigan Republicans Backtrack After Refusing to Certify Election Results
  

• US can kill its own citizens without review when state secrets are involved, DOJ lawyer argues
  

• BBC names retired judge to lead investigation into 1995 Princess Diana interview
  

• ‘This is demeaning to everyone’: Why Alek Minassian’s defence is provoking anger in Canada’s autism community
  

• Elite Australian troops unlawfully killed 39 Afghan civilians amid a culture of 'bloodlust,' report alleges
  

• Why Charges Against Protesters Are Being Dismissed by the Thousands
  

• Supreme Court of Canada to rule if sex offender registry unfair to mentally ill
  

• Resignation of Pennsylvania judge who called juror ‘Aunt Jemima’ is ‘binding and irrevocable,’ judicial court says
  

• Nevada judge denies request to halt state certification of election results - CNNPolitics
  

• CBA National | A new Canadian privacy bill for our age
  

• U.S. federal judge throws out Trump bid to stop Pennsylvania vote certification
  

• Canada's largest city goes into 28-day lockdown
  

• Law grad who flunked bar exam gets prison time for creating law firms and practicing law
  

• Jonathan Pollard, Convicted Spy, Completes Parole and May Move to Israel
  

• The Raptors will call Tampa home after federal government pitch strikes out
  

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

Kids, classes and COVID: Case law regarding parental conflict over school attendance during pandemic

BY SIMRAN BAKSHI AND JOSHUA PRIZANT 
Reprinted from The Lawyer's Daily

Many separated and divorced parents have faced wrenching decisions about their children’s schooling this fall, due to the COVID-19 pandemic.

For many such families, agreement about schooling has been elusive, and unsurprisingly, there has been an explosion of case law on this topic over recent months.

This article will canvas this recent jurisprudence and highlight several factors that the courts have looked at when making back to school parenting decisions.

Government and school board decisions

In Chase v Chase (2020 ONSC 5083), one of the earlier Ontario "back to school" decisions, the court made clear that while sending children back to school in the COVID era is not without risk, the government's decision to open schools must also be trusted.

Similarly, in J.E.S v S.S. (2020 ONSC 6064), the court was not compelled to transfer children to a different school district on the basis that the children's current school district a higher rate of confirmed COVID-19 cases. In declining the parent's request, Faieta J. expressed that the TDSB was taking enhanced measures to reduce the risk of contracting COVID in high risk communities.

By the same token, Shelston J. refused a parent's request to bar a child from taking the school bus. The Applicant argued, and the court agreed, that absent evidence to suggest otherwise, parents can rely on the school board’s decision that school buses were safe during COVID.

Relevant Tests

In what has become an oft-cited test, Akbarali J. in Zinati v. Spence laid out the following factors when considering the best interests of the child for schooling purposes:

i.     The risk of exposure to COVID-19 that the child will face if she or he is in school, or is not in school;

ii.    Whether the child, or a member of the child’s family, is at increased risk from COVID-19 as a result of health conditions or other risk factors;

iii.     The risk the child faces to their mental health, social development, academic development, or psychological well-being from learning online;

iv.     Any proposed or planned measures to alleviate any of the risks noted above;

v.      The child’s wishes, if they can be reasonably ascertained; and

vi.     The ability of the parent or parents with whom the child will be residing during school days to support online learning, including competing demands of the parent or parents’ work, or caregiving responsibilities, or other demands.

Courts will also consider the relative risk involved for the child’s family if they were to attend school in person. Absent an unacceptable level of  risk to the child or their household, the court will lean towards  favouring the government’s decision to allow students back in school. In J.N. v. A.S. (2020 ONSC 5292), Himel J. set out factors to consider when assesing what constitutes an “unacceptable risk”:

(a) a diagnosis for the vulnerable person;

(b) a prognosis for the vulnerable person if he/she catches Covid-19 (if the medical practitioner can provide same);

(c) any available treatment that is relevant to the prevention and/or treatment if the vulnerable person falls ill with Covid-19; and,        

(d) whether there are any precautions that can be put in place to enable the child to attend in-person school without placing the vulnerable person at an unacceptable risk of harm.

The courts have established that the best interests of the child are “inextricably connected” to the well-being of the child’s families. In Joachim v. Joachim (2020 ONSC 5355), and later applied in Manzon v. Carruthers (2020 ONSC 6511), the court was clear that ordering online learning because of serious family health concerns is not a deviation from, or exception to, the best interests of the child.

Based on this emerging caselaw, below are five points that parents and counsel should be aware of when dealing with the back to school vs. home learning issue:

1.      Child’s learning abilities:

Courts have been cognizant of the ages and learning abilities of the children. For younger children and children with demonstrable learning differences, the court will likely determine that attending school in-person is in the best interests of the child. One example is a child who has been diagnosed with an Independent Education Plan (IEP).

2.      Strong medical evidence is crucial

Be prepared to show the court strong medical evidence to support an argument either for against sending a child for in-school learning. Some characteristics that the court will look for in medical evidence include:

a)      A doctor’s diagnosis and prognosis;

b)      The date of the medical assessment;

c)      Whether there are conflicting reports between medical practitioners;

d)      The “closeness” of a family member who may be at risk. For example, a court will likely rule that it’s not enough to keep a child at home because their school attendance poses a serious medial threat to their grandparents or other family members who are not part of the usual family routine or “social bubble”.

3.      Be flexible with your fellow co-parent

If one parent is unable or incapable of supervising their child during school hours, a court will look favourably on a parent who is willing to “trade” some of their weekends, evenings and holidays so that the child can be in their care during school hours in order to facilitate online learning.

4.      Make decisions together- or beware the consequences

If a child’s education falls under the purview of a joint custody agreement, be prepared to show the court that the parents have been collaborative in whatever decisions made for their child’s schooling. In Kaszap v. Volk (2020 ONSC 6129), the court found a parent who unilaterally enrolled their daughter in school without the consent of the other custodial parent in contempt of court for violation of a court order mandating joint decision making for their child’s schooling.

5.      Limit the court’s scope by agreeing on basic and uncontroversial facts

The court has shown that they are comfortable taking judicial notice on widely known and relatively uncontroversial facts. It may be worthwhile for both parties to agree to a statement of facts before trial, to minimize the court’s judicial scope and to show the court that the parties are willing to work together.

- Simran Bakshi and Joshua Prizant

Visit our Toronto Law Office website: www.wiselaw.net

Wise Law's Top 10 LawTweets for the week of November 16, 2020

Here are our Top 10 #LawTweets for the week of November 16, 2020.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

Wise Law's Legal Headlines for the week of November 16, 2020

Here are our leading legal headlines for the week of November 16, 2020 from Wise Law on Twitter: 

• Trump pledges more legal actions over U.S. election, makes aggressive fundraising pitch
  

• Trump faces several legal challenges when he leaves office
  

• Lawyers can't find the parents of 666 migrant kids, a higher number than previously reported
  

• Growing Discomfort at Law Firms Representing Trump in Election Lawsuits - The New York Times
  

• "Not our job": Roberts, Kavanaugh appear skeptical of striking down Obamacare at Supreme Court
  

• Europe charges Amazon with using dominance and data to squeeze rivals
  

• ‘The developers are all in control’: Doug Ford’s government moves to limit the power of conservation authorities, sparking fears for the environment
  

• Jeffrey Toobin Is Fired by The New Yorker
  

• 5 takeaways from the US Supreme Court's Obamacare arguments
  

• B.C. judge blocks transgender teen's gender-affirming surgery after disapproving mother sues
  

• Britney Spears fears father, wants him out of her career, attorney says
  

• Federal Appeals Court Rules That Harvard Does Not Discriminate in Admissions
  

• Judge dismisses Trump campaign's lawsuit against CNN
  

• 6 post-presidency lawsuits waiting for Trump
  

• Exasperated judges question Trump lawyers on election claims, leading to one ‘nonzero’ admission
  

• Trump Election Results Lawsuits Don't Have a lot of Good Evidence - The New York Times
  

• Justice Dept. Finds ‘Poor Judgment’ but No Misconduct in 2006 Jeffrey Epstein Inquiry
  

• Trump Faces Legal Cases After White House Departure - WSJ
  

• The Post-Presidency of a Con Man
  

• Alito raises religious liberty concerns about Covid restrictions and same-sex marriage ruling
  

• Ontario Addressing Allegations of Racism and Harassment at York Region Children's Aid Society
  

• Federal election official appointed by Trump blasts Trump's false election claims as 'laughable,' 'baffling' and 'insulting'
  

• Michigan judge rejects GOP demand to block certification of votes in Detroit
  

• Trump Is Not Doing Well With His Election Lawsuits. Here’s a Rundown.
  

• ‘This gives us a bigger stick.’ Peel to fine employers $5,000 a day for failing to act to stop COVID-19 spread
  

• Transport Canada suspends six employees without pay over racist email
  

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

Wise Law's Top 10 LawTweets for the week of November 9, 2020

Here are our Top 10 #LawTweets for the week of November 9, 2020.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

Wise Law's Legal Headlines for the week of November 9, 2020

Here are our leading legal headlines for the week of November 9, 2020 from Wise Law on Twitter: 

• U.K. court rules against Johnny Depp in libel action
  

• Highly anticipated challenge to Quebec's secularism law begins in court today
  

• Judge rejects Republican efforts to halt early vote counting in Las Vegas
  

• U.S. Supreme Court rules in favor of Black Lives Matter organizer
  

• Federal Judge Rejects G.O.P. Attempt to Toss 127,000 Ballots in Texas
  

• Secrecy, conflicts in Collingwood deals point to holes in Ontario's integrity rules, judge finds
  

• Mueller investigated -- but didn't charge -- Stone, WikiLeaks and Assange, report shows
  

• Bail for Kyle Rittenhouse Set at $2 Million in Kenosha Protest Shooting
  

• Federal judge orders USPS to have postal inspectors sweep processing facilities for ballots

• US Supreme Court Considers How to Decide if Teenagers Should Serve Life Without Parole - The New York Times
  

• ‘This is a huge relief:’ New Ontario 5-stage rating system for COVID-19 restrictions is good news for small businesses
  

• Lawsuits expected over mail-in ballots in Pennsylvania, other crucial Rust Belt swing states
  

• Huawei sues U.S. over 'stonewalling' on Meng Wanzhou documents
  

• Trump campaign files Michigan lawsuit demanding vote count be halted
  

• James 'Whitey' Bulger's family sues prison staff, claiming mobster was 'deliberately sent to his death'
  

• Oregon voters legalize psychedelic mushrooms, decriminalize drugs; 4 other states OK recreational marijuana
  

• Quebec's ban on religious symbols threatens education, health of minorities, trial hears
  

• With His Path to Re-election Narrowing, Trump Turns to the Courts

• Off-duty Toronto cop who assaulted Black teen sentenced to 9 months in jail
  

• With counting winding down, Trump team pushes legal fights
  

• Trump and GOP lawsuits challenging election flail in court
  

• Opposing views of Ginsburg, Barrett reveal deep divisions over perceived role of Supreme Court judges
  

• Trump unhappy with legal team's lack of major impact on election count
  

• Man banned from Yellowstone National Park two years after trying to cook chicken in hot spring
  

• Trump's Election Fraud Claims Make No Headway on Legal Cases
  

• ‘The hearing went on without us’: Legal clinics warn that emailed eviction hearing notices aren’t reaching tenants
  

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net