What is the test for interim implementation of an assessor’s recommendations?
Ontario, Canada
The following excerpt is from JLM v PDAB, 2012 ONSC 4696 (CanLII):
19. There can be no presumption that an assessor’s recommendations will – or should -- inevitably prevail. The court cannot delegate decision-making authority to the assessor. Dunnett v. Punit 2006 CarswellOnt 7259 (O.C.J.). Beyond concerns about disrupting the existing status quo, the court must consider the potential impact of creating a new status quo on the eve of trial. Interim implementation of an assessor’s recommendations can be far from a benign stop-gap measure. It can affect the trial and its outcome.
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