What is the test for a variation or stay of a final spousal support order?
Ontario, Canada
The following excerpt is from Berta v. Berta, 2019 ONSC 505 (CanLII):
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.
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