What is the test for retroactive financial support on an interim motion?
Ontario, Canada
The following excerpt is from R.S. v. M.S.M., 2016 ONCJ 297 (CanLII):
[63] Where retroactive financial support is sought on the interim motion, the motions court is not making the ultimate decision as to whether the party is entitled to retroactive financial support in the Application. That is for the trial judge to determine on a complete evidentiary record. The issue for the motions judge is to consider the factors in D.B.S. based on the motion materials and then proceed, if necessary, to ascertain whether and the extent it is fair and appropriate to both parties that such relief is granted on an interim basis in the circumstances of the evidentiary record of the motion. See: Orsini v. Orsini, 2016 ONSC 3332.
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