What to do if OCL has wrong information in their report?

[Helpinghands]

Any case law out there where OCL has wrong information about one party in their report? I mean like really wrong. It is somebody else's information instead of the party? I read the thread on CAS and CAS is just crap! How about something on OCL?

[BitHunter]

They are crap too.

Technically you can submit a formal dispute after you receive their report.

[Helpinghands]

What to do if OCL has wrong information in their report?

Let's say that it's too late to do that. Party wants to use this in court against OCL proving that we can't jut trust on these agencies and they can make mistakes which in turn destroys a parents life or a child's life without or with a parent.

[Tayken]

Any case law out there where OCL has wrong information about one party in their report? I mean like really wrong. It is somebody else's information instead of the party? I read the thread on CAS and CAS is just crap! How about something on OCL?

A common issue with OCL and Section 30 reports is that the report writers often cut-and-paste from other reports. This is an excellent opportunity to demonstrate the "boilerplate" nature of the report from these "experts".

Each report should be unique content and not cut-and-pasted from other cases. Each case is tried on unique evidence and the report from OCL and Section 30 evaluations is *evidence*.

It is quite common to see cut-and-paste errors like this. I have observed a few situations in court rooms where counsel has used this to their client's advantage by having the report removed from the record. I wish I could remember the Rules of evidence that they relied upon in the motion. The one I recall the solicitor brought a motion removing the expert and report. It had to do with the originality of the evidence and the expectations of an experts evidence.

On another note. Professionals who cut-and-paste improperly like this without properly editing the ***EVIDENCE*** demonstrate negligence and it is a matter that their college (if medical professional) should deal with. In the context of delivering medical opinion in the context of a diagnosis... This would be grounds for malpractice as a form of negligence.

Good Luck!
Tayken

[Tayken]

Let's say that it's too late to do that. Party wants to use this in court against OCL proving that we can't jut trust on these agencies and they can make mistakes which in turn destroys a parents life or a child's life without or with a parent.

I would advise that party and their counsel to review:

CanLII - 2011 ONSC 6451 (CanLII)

As a potential guide how to cross examine the OCL employee who created the report.

[Helpinghands]

What to do if OCL has wrong information in their report?

Thank tayken! You are awesome!

Yes I have read the above case. I was hoping to have more case law specifically dealing with OCL.

[Tayken]

Thank tayken! You are awesome!

Yes I have read the above case. I was hoping to have more case law specifically dealing with OCL.

Talk to a qualified family law lawyer on how to deal with it. Not knowing what element of the report has been cut-and-paste it is hard to say how "substantial" the error is.

If there is one error often there are more.

Would you want your cardiologist to cut-and-paste information from another patients medical record trying to pawn it off as evidence based medicine about your medical needs? They can't... It is malpractice to do so. Why should the OCL and Section 30 experts be allowed to?

Good Luck!
Tayken

[Helpinghands]

What to do if OCL has wrong information in their report?

I spoke to one. He took it very lightly that oh it's just a mistake. Call them and let them know and they will fix it for u. Not so much of a good advice. I am self rep and duty counsel are no good. I don't have the money to pay for multiple consultations so I'm kinda stuck here.

[Tayken]

I spoke to one. He took it very lightly that oh it's just a mistake. Call them and let them know and they will fix it for u. Not so much of a good advice. I am self rep and duty counsel are no good. I don't have the money to pay for multiple consultations so I'm kinda stuck here.

I would advise that you consider the position of the lawyer. It all depends on the error. If the report states you were X and Y and relied upon evidence to come to that recommendation based on evidence from another file that is not related to yours... Then you have an issue.

Again, it is if the information that the "expert" relied upon was not evidence in your matter and the final recommendation is based on that. Then there is a problem.

[Helpinghands]

Thankyou for ur valuable input! Really appreciate it.

[involveddad75]

I would read my thread on OCL and how to dispute the reports.