In what circumstances will a judge order an order of relief and urgency?

In Fredette v. Fredette [2005] O.J. No 4938 (S.C.J.). Del Frate J. relied on the same clear case for relief and urgency test cited in Crawford v. Dixon as well as its comment that the court should not make it a practice to grant such orders.

In Hayes v. Hayes, Spies J. reviewed a number of authorities and at paragraph 40 offered this three part test for both an interim variation and a stay of a final spousal support order: 1. a prima facie case that there has been a material change; 2. hardship to the moving party, and 3. has the moving party has come to court with clean hands? In arriving at this test, Spies J. did not overtly reject the clear case test in favour of a prima facie case test.