FINDINGS ABOUT MR. BUTT by ONTARIO COURT, SUPERIOR COURT, and APPEAL COURT JUSTICES
The Honourable Mme. Justice K.A. Baker (2022):
“(Mr. Butt’s) evidence amplified certain aspects of the report, however it did not undermine or contradict the key aspects of the report or important evidential points. “
“I therefore accept the conclusion of the OCL that this event ‘raises significant conclusions as to the impact of (the father’s) emotional reactivity on his ability to make child-focused decisions.’”
“For these reasons, I have concluded that (the mother) is better positioned to assume sole decision-making authority for (the child).”
(Ontario Court of Justice – Brantford; W. v H., July 19, 2022.)
The Honourable Mme. Justice K.A. Baker (2021):
“In this regard, I note as follows: it is obvious that (Mr. Butt) pursued a course of carefully nurturing rapport with his young subject. He did so by spending time at each parent’s house observing and in meeting with the child individually on four separate occasions. He was ultimately rewarded by the child opening up and expressing her thoughts… This content constitutes reliable evidence about this child’s views and preferences, and it is deeply material to the analysis.”
“If there are aspects of the report that are reliable and that provide important evidence supporting change, then the report may be relied upon in support of the motion. This approach ensures that the child’s best interests remain front and centre…”.
(Ontario Court of Justice – Brantford; W v H, August 13, 2021)
The Honourable Mme. Justice V.L. Brown (2021):
“Mr. Butt identified both parents as having strengths and weaknesses…”
“Mr. Butt made his recommendations based on the information available at the time. He identified that there were serious issues and concerns that still needed to be addressed, and that much would turn on what the parties have done (or haven’t done) in the last 15 months since the Report was written.”
(Ontario Court of Justice – Owen Sound; C. v C., May 10, 2021.)
The Honourabe Mme. Justice A.D. Hilliard (2020):
“John Butt, an experienced clinical investigator, provided evidence that during his two meetings with (the child) it was clear that (the child) has no memory of her biological father and that she was therefore unable to express any views about whether or not she would like to see him… I find that there was nothing subjective or inaccurate in the position taken by the OCL that a child of (her) age and development was unable to provide views and preferences.”
(Ontario Court of Justice – Brantford; Brant Family and Children’s Services v S.J.P, September 8, 2020)
The Honourable Justice J. Nicholson (2017):
As to the Report of the Children’s Lawyer authored by Mr. Butt:
“The OCL Report provided a detailed analysis of the best interest test for the child. The OCL concluded that for each factor (save and except relationship by blood…) the Respondent Grandparents were in a better position to address the child’s best interests…
I am satisfied that maintaining the child’s custody with the Respondent Grandparents is in her best interest for all the reasons outlined in the OCL Report filed.”
(Ontario Superior Court of Justice, Family Court – Peterborough; S & S v S & S, December 1, 2017)
The Honourable Mr. Justice Edward (2017):
“At paragraph 10 of the OCL Report Mr. Butt accurately frames the issue for trial…Later in the discussion Mr. Butt endorses that the respondent mother is appropriately addressing the best interests of the children and as such, concludes they should remain in the respondent mother’s sole custody and primary care.
Having considered the respondent mother’s evidence at trial and specifically, having her evidence on each head of the Section 24(2) analysis of the Children’s Law Reform Act I would agree that the respondent mother should have sole custody of the children and that their primary residence remains with her, as it is in the children’s best interest.”
(Ontario Court of Justice – Brantford; M v O, November 8, 2017)
The Honourable Mme. Justice D.D. Braid (2016):
“(Mr. Butt) has a great deal of expertise in this area. At this trial Mr. Butt was qualified as an expert witness…
I am satisfied that his investigation was extremely thorough. The parties concede that his report is fair.
In his view, this case presents an extremely complex and challenging set of family circumstances…Of the 400 investigations that Mr. Butt has conducted, this case was in the “top 10” in terms of complexity.”
(Ontario Superior Court of Justice – Brantford; M v M, September 28, 2016)
The Honourable Mme. Justice E. S. Martin (2015):
“Mr. Butt prepared a fulsome report… Neither party questioned the assessor’s methods or extent of his investigation…
I conclude that even taking these changes into account, there were many observations and conclusions made by Mr. Butt that were of assistance to this Court in determining the children’s best interests. He made a number of important conclusions that this Court adopts.”
(Ontario Court of Justice – Welland; P v E, September 17, 2015)
The Honourable Mr. Justice Taylor (2015):
“I propose to deal firstly with the issue of custody. There is a clear recommendation from a qualified expert witness with respect to (the children). The methodology and opinions of Mr. Butt have not been tested by cross examination. However, in my view, it would be inappropriate for me to disregard the clear recommendations of Mr. Butt and make an order for something other than sole custody to the applicant. Based on the recommendation of the OCL, there will be a temporary order for (the children) to be in the custody of the applicant. There will be a temporary order for access with the respondent…”
(Ontario Superior Court of Justice, Family Court – St. Catharines: M v M, March 27, 2015)
The Honourable Mr. Justice Arrell (2014):
“There is an affidavit from John Butt… a very experienced Clinician with the OCL… The conclusion of Mr. Butt is that the children are afraid of their father and do not want any contact with him and do not want any further counselling. They are doing well in school, have a happy and stable relationship with their mother, and wish that to continue. They want their involvement in their parents’ conflict and legal matters to end… Significantly, Mr. Butt did not find any evidence that mother had been alienating the children and in fact found that she encouraged the children to visit their father but to no avail…The recommendation of Mr. Butt is clear as are the reasons for it.”
(Ontario Superior Court of Justice – Brantford: D v D – October 24, 2014)
On Appeal:
The Honourable Court of Appeal Justices Cronk, Lauwers, and van Rensburg, JJ.A. (2015):
“The motion judge concluded that the father failed to meet his evidentiary burden. Indeed, he held that ‘the evidence is overwhelming that there is no genuine issue for trial. The outcome of such a trial (on custody and access) is a certainty…’ This conclusion was open to the motion judge on the evidence, including… the affidavit evidence of John Butt – a clinical investigator with the Office of the Children’s Lawyer… regarding the children’s circumstances, needs and preferences. (The motion judge) did not err in so concluding.”
(Court of Appeal for Ontario, D v D - September 4, 2015)
The Honourable Mr. Justice Taliano (2014):
“(Mr. Butt) described this case as being the most complicated he had experienced in 350 custody investigations… He could not have been more thorough… It is a comprehensive and lengthy report.”
“What (the child) needs more than anything right now is stability, security, and safety according to the evidence of Mr. Butt, which I accept.”
(Ontario Superior Court of Justice, Family Court – St. Catharines; M/M v B, L&S - February 11, 2014)
The Honourable Mme. Justice Hoshizaki (2014):
“A very informative interim report was prepared by the OCL Investigator (Mr. Butt).”
“All of the recommendations of the Investigator are reasonable and child-focused. They continue to be relevant today.”
(Ontario Court of Justice – Fort Frances; Kenora Rainy River Districts Child and Family Services v C.C. & S.M. (December 12, 2014)
The Honourable Mr. Justice Taliano (2013):
“(Mr. Butt’s) report recommends that (the child) be placed in the sole custody of his mother… Accordingly, an order will go granting sole custody of (the child) to his mother. I have reviewed the recommendations contained in paragraphs number 2 through 8 of the report of Mr. Butt, all of which shall be incorporated into and form part of this order. The recommendations with respect to access are similar to current practices. The remaining recommendations are appropriate and necessary given the geographical distance between the parents.”
(Ontario Superior Court of Justice, Family Court – Hamilton; L v P & O - November 19, 2013)
The Honourable Mr. Justice Broad (2013):
“Mr. Butt swore a detailed affidavit… in which he related his extensive interactions with the parties, the children, his observations of parent-child interactions and collateral information from third parties.”
“…in this case the OCL has had extensive involvement, including through the services of Clinical Investigator, Mr. Butt, who carried out an intensive and time-consuming investigation…”
(Ontario Superior Court of Justice - Brantford; D v. C - September 9, 2013)
The Honourable Mme. Justice Brown (2012):
“With respect to Mr. Butt’s testimony in general, I find that his credibility was not challenged and I have no reason to discount his evidence in that regard.”
“In all of the circumstances, I find that Mr. Butt’s report with respect to the issue of access is balanced and fair.”
“The factual underpinnings for the opinions provided by Mr. Butt in his report were not challenged nor was there any suggestion that Mr. Butt was biased.”
(Ontario Superior Court of Justice, Family Court – Hamilton; Z & Z & S & Z, December 24, 2012)
The Honourable Mme. Justice McLaren (2011):
“After reviewing all the evidence and the law, I have come to the conclusion that it is in the best interest of (the child) that a shared custody arrangement be put in place... I agree with Mr. Butt that neither parent established that they were the better parent… I am of the view that the evidence has supported Mr. Butt’s recommendations.”
(Ontario Superior Court of Justice, Family Court – Hamilton; J v H, February 10, 2011)
The Honourable Mr. Justice J. Arrell (2011):
“Mr. Butt, an experienced social worker with the OCL, has filed an affidavit which makes it clear the children are doing well with their grandmother and wish to remain in her care, but see their parents from time to time. He also makes it clear she is doing an excellent job of raising these children and their parents, for many reasons, are totally unsuitable to have custody. It clearly is in the best interests of these children to be in the custody of their grandmother…”
(Ontario Superior Court of Justice, Brantford; S and S and M; December 8, 2011)
The Honourable Mr. Justice Edward (2010):
“This very thorough report of Mr. Butt echoed the same concerns raised by the respondent… as well as focusing on two other concerns… Having heard the evidence and having considered the matter I can find no basis to disagree with (Mr. Butt’s) conclusions…”
(Ontario Court of Justice, Brantford; S v T, April 6, 2010)
The Honourable Mr. Justice Turnbull (2009):
“I observed Mr. Butt testify and have had the opportunity to read his report. I found him to be very thorough and very fair and when asked difficult questions he hesitated, carefully thought or looked for appropriate notes, and only then did he respond to questions. I have no hesitation in preferring the testimony of Mr. Butt…”
“I must say that I was very impressed by the testimony of Mr. Butt. His report is well-written and he gave careful and fair answers to questions posed to him by counsel with respect to his report.”
(Ontario Superior Court of Justice, Simcoe; W v M; December 23, 2009)
The Honourable Mr. Justice J. Arrell (2008):
“(Mr. Butt’s) report is extremely thorough… (and) the time spent on this investigation went well beyond what is considered average... He gave his evidence in a clear, concise, straightforward manner. His evidence was objective with valid reasons for his conclusions. He testified without embellishment and without any apparent bias to one parent or the other. The Court was left with the clear impression that he was a very experienced social worker, who had done a very thorough investigation, and had given recommendations which he truly felt were in (the child’s) best interest… I accept Mr. Butt as the most credible, objective and reliable witness in this trial.”
“The plan recommended by Mr. Butt, and through him endorsed by the C.A.S. and (the child’s counsellor), is well thought out and has the best chance of being successful based on the evidence submitted to me.”
(Ontario Superior Court of Justice, Brantford; V v V; June 26, 2008)
The Honourable Mr. Justice Pazaratz (2008):
“It is clear from all of the evidence – including the lengthy and insightful affidavit… filed by John Butt, the Children’s Lawyer’s Investigator – that the Respondent was experiencing serious difficulties in his relationship with his daughter.”
(Ontario Superior Court of Justice, St. Catharines; T v H - February 4, 2008)
The Honourable Mr. Justice W.B. Stead (2007):
“(Mr. Butt) is eminently qualified to prepare such reports… He took extensive notes in regard to his investigation, which was thorough in all respects. He at no time attempted to embellish or minimize any of his evidence. He was sincere and at all times attempted to give his evidence in an honest and straightforward manner. He was not shaken in cross-examination. He showed no bias nor was he even reticent or evasive. I found him to be both a reliable and credible witness.”
(Ontario Court of Justice, Simcoe; H v L - June 11, 2007)
COMMENDATIONS ABOUT MR. BUTT BY COUNSEL, CLINICIANS, and CLIENTS:
“The quality and care that you put into your work is noteworthy and greatly appreciated. Thank you for all that you do on behalf of the OCL and for the children of Ontario.”
(Ms. Andrea Jones, Provincial Manager, Clinical Services, Office of the Children’s Lawyer, Ministry of the Attorney General. October 7, 2021.)
“I would also just like to take this opportunity to thank you for making (my daughter) feel so comfortable and for making this time so easy. She told me that she really enjoyed talking with you. It was awesome to see her beaming with confidence after talking with you too. She told me that you said some really nice things about her that made her proud of herself.”
(Client, London. June 9, 2021)
“I was previously in private legal practice representing parents and I was also previously an Agent for the Office of the Children’s Lawyer. In my various capacities:
I. I worked together with Mr. Butt on custody and access files assigned by the Office of the Children’s Lawyer;
II. I represented parents whose positions were contrary to the position of Mr. Butt; and,
III. I represented parents whose positions were consistent with the position of Mr. Butt.
We prepared for trial together on multiple occasions when co-assigned files from the Office of the Children’s Lawyer. While doing so I developed a true appreciation of the significant commitment Mr. Butt has to understanding and bringing clarity to families who are separated.
In preparing reports, Mr. Butt was extremely thorough and he was committed to ensuring the parents were given the opportunity to express their thoughts, feelings, and wishes for their children. He always reviewed pertinent documentation presented by parents. After collecting the necessary information, he ensured there was a feedback session for the parents where they had the opportunity to ask for clarification and explanation on Mr. Butt’s preliminary position.
In my mind, Mr. Butt represents the gold standard of Custody and Access Assessors.
I have observed in the countless joint interviews of children with Mr. Butt that he is extremely dedicated to completing an investigation that carefully considers the views and preferences of children. He is very appropriate in his interactions with children and is able to communicate with them on their level. He has obvious warmth and depth to his character and children quickly feel comfortable with him. This allows for the free flow of information and for children to “connect” with someone who I believe truly cares about them and wants to create a workable custody and access arrangement with their input.
I have observed Mr. Butt in a number of professional settings including the courtroom. I have acted for clients in court for clients whose positions are, at different times, consistent with and contrary to the well-developed and well thought out positions of Mr. Butt. In both instances I have had an opportunity to cross-examine Mr. Butt in court. He is an excellent witness who is able to articulate clearly the position he is taking and the rationale behind his position. As a result, I know he is well regarded by both legal counsel and the judiciary.
I have absolutely no hesitation in recommending Mr. Butt to parents who:
I. Want their children to be heard in the context of a separation and divorce assessment;
II. Want an opportunity to present their concerns about and proposals for their children; and,
III. Want a thorough and committed Assessor who is able to communicate effectively using common sense and an exceptional understanding of the family circumstances following a separation.”
(Birkin J. Culp, Certified Specialist in Family Law, Brant Law Association; May 22, 2019)
“Let me thank you sincerely for the hard work and dedication you put into this assessment. You were professional, very thorough, compassionate and intelligent in your approach and execution. I knew we had the right guy for the job. You proved that today with your detailed, resolution focussed and child focussed report and parenting plan. I'm very pleased with the result overall (and we) feel we were heard and understood and that nothing was left unaddressed in your assessment. The children found you friendly and non-threatening. The class you have shown throughout…is very much appreciated by our family.”
(Client, Hamilton, August 11, 2017)
“Thank you very much for the sensitive and sensible work you did on this file. I was again impressed, and will not hesitate to send work your way
again in the future.”
(Counsel, Hamilton Law Association; August 14, 2017)
“I’ve been wanting to thank you for your assessment. Our situation is so complex and I can tell from your assessment you really took time and much thought went into a plan with the girls’ best interests in mind. It’s very appreciated that the thought and care for their well being was so considered. Thank you John.”
(Client, Niagara Region, January 2, 2016)
“It was my experience that John was always – not an exaggeration – most thorough in his investigative efforts, and clear and convincing in his reports and/or evidence. Of all the OCL Clinical Investigators with whom I worked over the years, John was in the top 2 or 3 if not, in fact, the best C.I. with whom I had the pleasure and privilege of working.”
(Douglas O. Reeves, Former OCL Personal Rights Panel Lawyer (Ret’d), December 17, 2015)
“John is a person of integrity, decency, and interpersonal skills. John has served the interests of families and children through his professional work for many years and his recommendations to all levels of Courts in the Province of Ontario have been persuasive and well-received by the many Judges before whom he has appeared. I can say without reservation that John is extremely well regarded among members of the legal profession and within the community at large.”
(Counsel, Brant Law Association; March 18, 2015)
“I worked on several custody/access files with John for a long period of time. I knew I could always rely upon him to provide a thorough, unbiased assessment. His reports were always clear, well-written, & comprehensive.”
(Counsel, Brant Haldimand Norfolk Collaborative Law Group; March 19, 2015)
“Thank you for your considerable and excellent assistance to me and, more importantly, to (our client) in connection herewith.”
(Douglas O. Reeves, OCL Counsel (Ret’d); November 19, 2014)
“I have had the pleasure of reading several of John’s child custody/access reports. He is thorough, writes well and his recommendations make sense in view of the data reported.”
(Mr. Gary Direnfeld, Social worker and Custody/Access Assessor; July 19, 2014)
“I wish to thank you for your assistance in respect of (this matter). Your assistance and recommendations were of considerable assistance in helping the parties recognize that settlement was in the best interest of the child.”
(Counsel, Rainy River Law Association, July 11, 2014)
“As a Legal Agent for the Office of the Children’s Lawyer for many years, I have had the pleasure to work with John Butt in custody and access cases on many occasions. John is a very caring, competent and thorough investigator. His opinion is very helpful, especially in those difficult cases where parental alienation is a factor. I trust his judgment implicitly.”
(Counsel, Brant Law Association; July 15, 2012)
“I just wanted to thank you for your excellent testimony yesterday. It was balanced, thoughtful and child-centered. I will keep trying to send you private referrals where possible, as I have a great deal of respect for your approach and ability to manage conflict and difficult personalities.”
(Counsel, Hamilton Law Association; June 27, 2012)
"Prior to retiring as a Family Law Lawyer in 2008, I was part-time Panel Lawyer with the Office of the Children’s Lawyer (OCL) for approximately 15 years. Over the years, I often worked in tandem with OCL Clinical Investigator Mr. John Butt. I was always very, very pleased when John was assigned to work with me. While other OCL Investigators were also dedicated in their work, none paralleled John.
John excelled at interviewing children of all ages, always sensitive to their potential emotional upset due to the court’s involvement and, at the same time, gleaning the necessary pertinent information in an objective manner. Likewise, John excelled at interviewing parents, relatives, professionals and various other witnesses during the course of his investigations.
During interviews and investigations John made many, meticulous notes. Consequently, at the conclusion of the assignment it was so much easier to draft reports and affidavits that benefitted everyone involved.
Due to John’s thoroughness and obvious genuine objectivity, we were able to settle the majority of assignments at Settlement Conferences without the necessity of a trial.
When John gave evidence in Court, he did so with the utmost integrity. On most occasions, Judges expressed their gratefulness for the manner in which John clearly presented evidence citing his fair, objective, credible and thorough presentation.”
(Mr. Wayne Vipond, LLB (Ret`d); August 8, 2010)