What is the test for relying on an untested assessment report upon an interim motion pending trial?

The onus is on the party who seeks to depart from the status quo (in this case the mother) to demonstrate that there are compelling reasons to do so (see Miranda at para. 26). Courts should be very cautious about relying on conclusions and recommendations set out in an untested assessment report upon an interim motion pending trial and about implementing recommendations from the report at the motion stage as there is no opportunity to undertake a thorough analysis and evaluation of all aspects of the assessor’s report, including the assessor’s credentials, methods, observations, findings, theories and recommendations (see Batsinda v. Batsinda, [2013] ONSC 7869 Canlii).