Madam Justice Young referred to the M.P.D. decision and found that a Hear the Child report can be ordered pursuant to s. 202 of the Family Law Act. Madam Justice Young held that the threshold for ordering that a report under s. 211 was low, by implication indicating that the threshold for ordering a Hear the Child report was even lower. She addressed briefly why a Hear the Child report was sufficient in this case, i.e., the children were coping fairly well and had no mental health issues.
Read the full case (see specific discussion at paras 21-27)
