Can an assessment be used at a motion where the court is making an order which is not a substantive departure from an order or status quo?

Ontario, Canada


The following excerpt is from Southorn v. Ree, 2019 ONSC 1298 (CanLII):

It has to be noted that Mitrow J. is only suggesting usage of an assessment report at a motion where the court is making an order which is “not a substantive departure from an existing order or status quo.” It is also to be noted that Mitrow J. is careful to distinguish between evidence contained in the assessment report from its conclusions; in making his determination, he follows Forte v. Forte, 2004 CanLII 7631 (ON SC), [2004] O.J. No. 1738 (S.C.J.) where Corbett J. stated: However, I cannot accept that the court is precluded from considering all of the evidence that is available in coming to a determination of the best interests of the children. In particular, in this case, I do not accept that the court cannot consider the statements made by the children to the assessor. It is not the report's recommendations, but its substance and analysis that is of value. (emphasis mine)

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