What is the test for an interim support order?
Ontario, Canada
The following excerpt is from Ball v. Broger, 2010 ONCJ 557 (CanLII):
[15] Interim support is a short-term remedy meant to ensure that a dependant has sufficient means to maintain a reasonable lifestyle until trial. Because of the nature and purpose of an interim support order, the court does not conduct an in-depth analysis of entitlement, however, a claimant must establish a prima facie case. (See Jarzebinski v. Jarzebinski, [2004] O.J. No. 4595).
[16] At this stage, the court does not embark on a detailed examination of the merits of the case. Having said that, however, it is nonetheless clear that entitlement to support must be established before any order is made for support, be it interim or permanent. (See Cuzzocrea v. Swain, [1995] O.J. No. 2824).
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