What is the test for undue hardship in a second family situation?
Ontario, Canada
The following excerpt is from Harvey v Sturk, 2016 ONSC 4669 (CanLII):
Undue hardship is a “high threshold” and the hardship must be “exceptional, excessive and disproportionate”: Morrone v. Morrone, [2007] O.J. No. 5341 (Ont. S.C.J.) at paragraph 27. In a second family situation, the onus is on the payor parent to establish on clear and cogent evidence that the children in the second family would suffer some significant deprivation in the nature of food, clothing, shelter or some medical or other health need should a table amount be ordered: Reid v. Nelson, [2002] O.J. No. 2745 (Ont. C.J.) at paragraph 27.
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