In ordering an in-home O.T. assessment in Lo Faso v. Guarantee Co. of North America, [2013] O.J. No. 4154, at paras. 4-7, the court held that fairness dictates that the defence should be in a position to present its evidence on this aspect of the case. Further, the court found that its inherent authority is not limited by the diagnostic aid requirement that some cases have placed on this kind of request or to limit the occupational therapist to an interview only. He further held that the court should have available the best and relevant evidence in order to do justice in the case.
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