What is the test for interpreting an order in a personal injury case?
Ontario, Canada
The following excerpt is from Re: Muzlera, 2011 ONSC 4531 (CanLII):
The Court of Appeal in Thibodeau v. Thibodeau stated “judges should be wary about interpreting orders that are principally designed to assist one spouse in his or her efforts to enforce the order vis-à-vis the other spouse in a fashion that gives the payee spouse an advantage over third parties whose interests are at stake and who were not before the arbitrator or court at the time the award/order was made.”[1]
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