What is the impact of interim implementation of an assessor's recommendations?

Ontario, Canada


The following excerpt is from Ly v Wade, Houle, 2016 ONSC 1155 (CanLII):

31. 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. Marcy v. Belmore (supra).

32. The delivery of a s. 112 report does not in itself constitute a material change in circumstances justifying a change in an existing arrangement. Marcy v. Belmore (supra). And parties should not perceive the arrival of an assessment report as creating an automatic strategic opportunity to secure a more favourable status quo, heading into trial.

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