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Evidence - Medical - General

. Janic v. Janic [malingering]

In Janic v. Janic (Ont CA, 2025) the Ontario Court of Appeal dismissed an appeal of a Divorce Act 'motion to change', here regarding child support.

In this brief quote the court considers the rarely-litigated issue of 'malingering', coupled here with that of an medical professional uncritically accepting the patent's stated symptoms and/or stating the same equally uncritically in their professional notes, for whatever reason:
[16] The appellant claims that the motion judge denied him procedural fairness by “dismissing expert psychiatric reports” as “self reported”. We see no merit in this argument. What the appellant characterizes as “reports” were consultation notes of two doctors who recorded the appellant’s self-reported symptoms, which the motion judge found to be “demonstrably unreliable”.



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Last modified: 19-07-25
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