Can an assessment report be used in a motion?
Ontario, Canada
The following excerpt is from Gannon v. Gannon, 2021 ONSC 7160 (CanLII):
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.
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