A temporary order is intended to stabilize the parties until a trial can be conducted to permit a full and complete consideration of the issues: Holland v. Fower, 2011 ONSC 4545, at para. 24.
Brown v. Brown, 2020 ONSC 7085 (CanLII) recently clarified the law respecting interim variations of final support orders. The Court reiterated the jurisprudence as follows at paragraph 27:
The applicable test for an interim variation of a final support order (and by extension a stay of the previous one) requires the moving party to prove:
1. A strong prima facie case;
2. A clear case of hardship;
3. Urgency;
4. That the moving party has come to court with “clean hands”.
The court emphasized that an interim variation should be urgent and that the order should be varied "only to the extent required by the change in circumstances" at para. 28. The Court should be "mindful" of the original order until the best evidence is available to the decision maker.
The case reemphasizes the difficulty of successfully delivering and concluding an interim variation motion. Caution and restraint would appear to be the most prudent position until trial or other final disposition.
Brown v. Brown, 2020 ONSC 7085 (CanLII) recently clarified the law respecting interim variations of final support orders. The Court reiterated the jurisprudence as follows at paragraph 27:
The applicable test for an interim variation of a final support order (and by extension a stay of the previous one) requires the moving party to prove:
1. A strong prima facie case;
2. A clear case of hardship;
3. Urgency;
4. That the moving party has come to court with “clean hands”.
The court emphasized that an interim variation should be urgent and that the order should be varied "only to the extent required by the change in circumstances" at para. 28. The Court should be "mindful" of the original order until the best evidence is available to the decision maker.
The case reemphasizes the difficulty of successfully delivering and concluding an interim variation motion. Caution and restraint would appear to be the most prudent position until trial or other final disposition.