What is the test for establishing a grave risk of harm under the Convention of Human Rights Conventions?
Ontario, Canada
The following excerpt is from Al-Hadad v. Al Harash, 2020 ONCJ 269 (CanLII):
There is a high threshold to prove “grave risk” of physical or psychological harm as confirmed in many appellate authorities. Any interpretation of this exception, short of a rigorous one, would rapidly compromise the efficacy of the Convention. See: Ellis v. Wentzell-Ellis, 2010 ONCA 347 at paras. 38-40.
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