What is the effect of s. 211 of the BCSC?

British Columbia, Canada


The following excerpt is from Strachan v Gray, 2018 BCSC 1407 (CanLII):

When a s. 211 report is prepared in a particular case, the court has the benefit of opinion evidence provided by an expert who has investigated the particular circumstances of the parents and child (or children) in the particular case, to aid the court in coming to a conclusion about what parenting arrangements are in the best interests of the particular child. The facts stated in the report are prima facie evidence of their truth. The recommendations of the report author are not based on generalities. Rather, under s. 211, counsel and the court are permitted to seek the assistance of an independent and impartial investigator and to call on that investigator to make recommendations based on the results of that investigation. See, for example, Shapiro v. Simpson, 2016 BCSC 211, at paras. 102-103.

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