What is the test to prove that continuation of a support order would be continuation of the order if the support order is not inconsistent or absurd?
Ontario, Canada
The following excerpt is from Carvalho v Carvalho, 2016 ONSC 1641 (CanLII):
In Innocente v. Innocente, [2014] O.J. No. 5842 (S.C.J.) the court referred to Hayes v. Hayes, 2010 CarswellOnt. 4796 (S.C.J.) as follows: …an interim variation of the underlying support order is the most drastic intervention a court could make pending a final hearing of a motion to change. The cases are not clear on what is required to show that continuation of the order would be “incongruous and absurd.” The plain meaning of these terms would suggest the order is inappropriate, unreasonable or ridiculous.
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