“Counsel for the Applicant took the position that the court does not have jurisdiction to make an order for a Voice of the Child Report unless the parties have consented.
In Svirsky v. Svirsky 2013 ONSC 5564 (CanLII), I observed in paragraph 21 that there was no statutory authority to appoint a person to prepare a Voice of the Child Report. In that case, the jurisdiction to do so was not argued because the parties had agreed and the only issue was the selection of the expert. I am satisfied that there is regulatory authority, namely that rule 20.1(3) gives the court the authority to appoint an expert to inquire into and report on a question of fact relevant to an issue in the case, namely whether either or both children have any views or preferences as to increasing the time that they see their father.”