June 06, 2016
... a rebuttal report is meant to critique a [Practice Note 8 (“PN8”)] assessor's methodology, but not to revisit directly its conclusions and recommendations.
Of course an effective critique may nullify in whole or in part those conclusions and recommendations. But it will not offer substitute conclusions and recommendations. It is not a do-over of the PN8 report. There is no substantive dealing with the parents, other professionals or experts, or collateral sources. There is no conclusion or recommendation regarding the best interests of the child or children, either in terms of custody or of parenting.
Such rebuttal reports are critiques or reviews as distinct from “second opinions”, to adopt the method suggested by Gould et al in “Critiquing a Colleague's Forensic Advisory Report” (Jonathan W. Gould et al, the Journal of Child Custody (Vol. 1(3) 2004, 37-64).
(U. (L.A.) v. U. (I.B.) (2016), 2016 CarswellAlta 173, 2016 ABQB 74 (Alta. Q.B.) at para. 133, 134, 135 Michalyshyn J.)
© Copyright Westlaw Canada, Thomson Reuters Canada Limited. All rights reserved.