What is the test for an application for an order of urgency?
Ontario, Canada
The following excerpt is from Director, Family Responsibility Office For The Benefit Of: Sabaa Yasmine Shaikh v. Ali, 2020 ONSC 3649 (CanLII):
In Thomas v. Wohleber, 2020 ONSC 1965 the court found that the following factors are necessary in order to meet the requirement of urgency: 1. The concern must be immediate; that is one that cannot await resolution at a later date; 2. The concern must be serious in the sense that it significantly affects the health or safety or economic well-being of parties and/or their children; 3. The concern must be a definite and material rather than a speculative one. It must relate to something tangible (a spouse or child’s health, welfare, or dire financial circumstances) rather than theoretical; 4. It must be one that has been clearly particularized in evidence and examples that describes the manner in which the concern reaches the level of urgency.
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