What is the threshold test for granting maternity leave?

Nova Scotia, Canada


The following excerpt is from Manuel v. Hughes, 2005 NSFC 14 (CanLII):

Helpfully, Goodfellow, J. in Gray v. Gray, supra, at page 375, synthesizes and collapses the above factors, more generally, as “a threshold test showing that the granting of leave is likely to be of benefit to the welfare of the child”; and he, furthermore, emphasizes “no one factor is determinative” while mentioning specifically the existence or absence of sufficient interest, existing relationship, etc., are all important considerations to be taken into account in determining whether or not the threshold has been met. He, furthermore, states in some cases a particular factor will be weighed more heavily than other factors

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