What is the test for making a finding in a child's absence?

Ontario, Canada


The following excerpt is from Abu-Shaban v. Abu-Shaaban, 2022 ONSC 65 (CanLII):

The onus is on the Mother and there must be an evidentiary basis to make the finding being requested: see Drygala v. Pauli, 2002 CanLII 41868, at para. 44.

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