In what circumstances will interim orders be varied or modified?
Ontario, Canada
The following excerpt is from Bolotnov v. Moldavski, 2015 ONCJ 530 (CanLII):
[25] In Grgurich v. Del Ben,1997 CanLII 12390 (ON SC), (1997) the court writes at paragraph 8: “Interim orders are temporary orders which are intended to remain in effect until final disposition of the issues at trial. Interim orders should not be tinkered with or varied save in appropriate circumstances.”
[26] In Greve v. Brighton, 2011 ONSC 4996, at paragraph 24, the court writes that the court should only vary the interim order: “… where the moving party has a demonstrated change in circumstances and, as a result of those changed circumstances, there are compelling reasons that the order should be varied to meet the children’s best interests.”
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