What is the test for demonstrating undue hardship?
Ontario, Canada
The following excerpt is from Charlene Judge v. Etain Williams, 2013 ONSC 749 (CanLII):
The case law establishes that there is a high threshold to meet in order to demonstrate undue hardship. It is the exception rather than the rule. Undue hardship has been defined as exceptional, excessive and disproportionate: Marrone v. Marrone, [2007] O.J. No. 5341 (S.C.J.). The respondent has the burden to prove hardship on a balance of probabilities.
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