What is the test or urgency for dealing with the issue of COVID-19?

Ontario, Canada


The following excerpt is from Blythe v. Blythe, 2020 ONSC 2871 (CanLII):

I concur with the preliminary assessment of Pazaratz J. that this situation meets the test or urgency and should be dealt with at this time. I have considered the following factors which Kurz J. outlined in Thomas v. Wohleber, 2020 ONSC 1965 (S.C.J.) to assist the courts in assessing urgency during the COVID-19 pandemic: 1. The concern must be immediate; that is one that cannot await resolution at a later date; 2. The concern must be serious in the sense that it significantly affects the health or safety or economic well-being of parties and/or their children; 3. The concern must be a definite and material one rather than a speculative one. It must relate to something tangible (a spouse or child's health, welfare, or dire financial circumstances) rather than theoretical; and 4. It must be one that has been clearly particularized in evidence and examples that describe the manner in which the concern reaches the level of urgency.

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