What is the test for accessing a court of expertise?

Ontario, Canada


The following excerpt is from Ross v. D’Oliveira, 2020 ONSC 7747 (CanLII):

There must be an identifiable benefit to the court of expertise otherwise unavailable that will justify the potentially adverse impact on the parties and the child: Haggerty v. Haggerty, 2007 ONCJ 279 at para 7.

A child’s ability to communicate clearly and display maturity will result in more weight being placed on the pre-teen child’s views and preferences: Benson v. Benson, [2007] O.J. No. 3540 at para 68.

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