What is the burden of proving undue hardship?
Ontario, Canada
The following excerpt is from Willert v. Willert, 2019 ONSC 614 (CanLII):
Undue hardship is a high threshold. The hardship must be exceptional, excessive and disproportionate. The burden of proof rests on the party asserting undue hardship to establish same by cogent evidence: Morrone v. Morrone, [2007] O.J. No. 5341 (S.C.J.).
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