What is the test for a motion to obtain a conditional discharge from a judge?

This motion was heard by Smith A.C.J. on July 7 and 8, 2010. The learned motions judge adopted as applicable the principles articulated by Goodfellow J. in McKay v. Munro, [1992] N.S.J. No. 519. She also reviewed a number of cases from other provinces. She recognized the lack of unanimity in the case law as to whether or not the applicant must satisfy a two-part or a three-part test. The difference being the additional requirement that the financial need of the applicant must be related to the alleged oppression at issue in the litigation.