What is the test for an interim application under section 15 of the Divorce Act?
Alberta, Canada
The following excerpt is from D.L.W. v. D.L.W., 2003 ABQB 515 (CanLII):
This is an interim application which is brought under the authority of section 15(3) of the Divorce Act. The court is prompted by Messier v. Deluge (1983), 1983 CanLII 31 (SCC), 35 R.F.L. (2d) 337 (S.C.C.) at p. 352 to consider the actual circumstances of the parties as they exist at the time of the application: . . . in my opinion, the judge must arrive at his decision on each occasion “having regard to the actual circumstances” . . . The decision therefore must not be made in accordance with events which may or may not occur.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review analysis in the context of section 2(b) of the Charter, section 4(b), section 5 (b) and section 6 of the PIPA? (Alberta, Canada)
How have the sections 8 factors under s. 8 of the Statutory Guidelines for Divorce and Divisions of Divorce been interpreted? (Alberta, Canada)
What is the result of an application for interim relief? (Alberta, Canada)
What is the applicable law for a Summary Dismissal Application? (Alberta, Canada)
Is there any case law where a challenge to section 7 of section 467.1 of the Criminal Code is heard before the voir dires? (Alberta, Canada)
In a non-parental application for access to a child, does the court need to be careful not to allow the argument of conflict or potential conflict to defeat the application? (Alberta, Canada)
What is the test for the application of section 7 of the Charter of Rights and Freedoms? (Alberta, Canada)
Does the Wife have a claim against the Husband under the Divorce and Divorce Act? (Alberta, Canada)
What factors must be considered in a variation application under the Divorce Act? (Alberta, Canada)
What is the test for an application to appeal against a finding that an application is frivolous? (Alberta, Canada)
