What is the difference between the way an application judge articulated the test and the test as set out in such cases?
Ontario, Canada
The following excerpt is from Hammerschmidt v. Hammerschmidt, 2013 ONCA 227 (CanLII):
We see no material difference between the way in which the application judge articulated the test and the test as set out in such cases as Thompson v. Thompson, 1994 CanLII 26 (SCC), [1994] 3 S.C.R. 551. The threshold is very high. It was open to the application judge to conclude on the record, as he did, that the test had not been met.
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