What is the current state of the law in relation to interim mobility?
Ontario, Canada
The following excerpt is from Teague v Violante, 2016 ONSC 1402 (CanLII):
The law in relation to mobility summarized in Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27 at para. 49. However, on a motion in relation to interim mobility, the evidentiary record, usually consisting of affidavits where some of the material evidence is in conflict, makes it impossible to carefully consider all of the factors as summarized in Gordon v. Goertz; indeed, such is the situation in the present case. The full analysis as required by Gordon v. Goertz in this case, can only be conducted by the trial judge.
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