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Two different Ontario Superior Court judges have found that Rob. R., an Oshawa-area father of two, is in effect the proverbial stone from which no more blood can be drawn.

Judge Paul Nicholson, in a Nov. 28, 2016 decision, wrote that Rob is “currently suffering dire financial circumstances” and “appears to have been suffering financially for some time.”

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Rob had been seeking “a motion to change” a punishing original support order that requires him to pay twice his after-tax monthly income. His ex promptly brought a motion for summary judgment, which requires the judge to find there’s no real issue for trial and which can be dismissed from the bench.

Nicholson was hearing the summary judgment only and ruled against the ex, finding that Rob had shown there was a real issue that required a trial.

Like Nicholson, Ontario Superior Court Judge Jane Ferguson, who in 2013 heard another summary judgment motion the ex filed in response to another “motion to change” the original order, also found “there is a genuine issue for trial” because Rob’s circumstances had changed, and with it, his ability to pay such a whopping amount.