Originally posted by youngdad91
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There is also an official mechanism to oppose an OCL report. Hopefully you have filed that and started the process.
You may be able to hire one to advise your lawyer on how to cross-examine the report but, to submit one in counter to it... Rare a "reputable" one would do it.
Why?
They wouldn't be able to interview the other party to the matter. As well, these "reports" often have little value if any as it is opinion evidence generally.
See: http://www.jml.ca/wp-content/uploads...Family-Law.pdf
More on this VERY COMPLEX issue: http://www.menzieslawyers.com/blog2/...ss-and-custody
Also consider this:
[277] The law in Elliott is consistent with a strong discouragement against the unnecessary use of “expert” or quasi expert reports in family law cases, whether in the context of issues of custody or in valuation issues. For example in M. v. F., 2015 ONCA 277 (CanLII), Justice Benotto, following Sordi v. Sordi 2011 ONCA 665 (CanLII) and Mayfield v. Mayfield (2001) 2001 CanLII 28213 (ON SC), 18 R.F.L. (5th) 328, (Ont. Gen. Div.) noted that critique evidence “generally – as here - has little probative value, adds expense and risks elevating the animosity between the parties.” (at para 34) .
Source: Armstrong. v Armstrong, 2016 ONSC 126 (CanLII), par. 277, http://canlii.ca/t/gndfs#par277, retrieved on 2018-01-23.
Source: Armstrong. v Armstrong, 2016 ONSC 126 (CanLII), par. 277, http://canlii.ca/t/gndfs#par277, retrieved on 2018-01-23.
Hopefully, you have a barrister (trial lawyer who can handle a viva voce trial) who can pick apart the "evidence' in the OCL report.
Good Luck!
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