Is an assessment report to be used on a motion to change the status quo at trial?

Ontario, Canada


The following excerpt is from Gannon v. Gannon, 2021 ONSC 7160 (CanLII):

Perhaps on the other hand, in J.D. v. N.D., 2020 ONSC 7965 and again in Jonczyk v. Tilsey, 2021 ONSC 2546, albeit both parenting cases, MacKinnon J. addressed the use to which assessment reports may be put on a motion. She suggested that the previous case law, that an assessment report is to be used at trial, and therefore that a status quo would not normally be changed prior to trial based on such a report, may have softened.

I also note that MacKinnon J. cited ¶ 32 of the decision of Chappel J. in Matsinda v. Batsinda, 2013 ONSC 7869, wherein Chappel J. said that the caution surrounding the use of assessment reports on motions applies primarily to their conclusions and recommendations, rather than the facts, observations and other evidence set out or summarized in the report. The underlying summaries of the evidence may be of considerable value to the motions judge.

Other Questions


On an interim motion, is it more likely that the court will grant a motion to allow the motion to be heard before trial? (Ontario, Canada)
Is there a risk to the trial of this report if this report is excluded from the trial? (Ontario, Canada)
What is the test for relying on an untested assessment report upon an interim motion pending trial? (Ontario, Canada)
Does the delivery of a s. 112 assessment report constitute a material change in circumstances justifying a change in the existing arrangement? (Ontario, Canada)
Can an assessment report be used in a motion? (Ontario, Canada)
When will a motion judge decline to confirm an assessment officer’s report and certificate? (Ontario, Canada)
What is the test for elevated costs of a motion for a motion to amend a motion? (Ontario, Canada)
Can an assessment be used at a motion where the court is making an order which is not a substantive departure from an order or status quo? (Ontario, Canada)
What is the evidentiary burden of a party seeking to change the status quo on an interim mobility motion? (Ontario, Canada)
What is the test for changing the custody status quo on an interim custody motion? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.