What is the difference between a motion for interim support and a final order under section 15.2 of the Spousal Support Act?

Ontario, Canada


The following excerpt is from Morey v. Morey, 2009 CanLII 12117 (ON SC):

While the same criteria are to be considered, under s. 15.2 of the Act, with respect to both final and interim orders for spousal support, it is clear, as I have noted previously, that a motion for interim support is to be assessed differently from an application for a final order; see Weber v. Weber (2007), 2007 CanLII 38583 (ON SC), 42 R.F.L. (6th) 263 (Ont. S.C.J.); and Lewis v. Lewis (2008), 2008 CanLII 27178 (ON SC), 55 R.F.L. (6th) 454 (Ont. S.C.J.). A trial judge, with the benefit of a full record, will be in a much better position to assess the factors set out in s. 15.2 of the Act, and the evidence relevant to those factors. The trial judge will be in a position to make retroactive adjustments, if necessary, in order to accommodate and, where required, vary the somewhat “rough justice” that may be reflected in an interim order. A motions judge, who determines the matter based on affidavits, usually without the benefit of cross-examination, and without all of the documentary material that may be relevant, is only in a position to impose an imperfect solution pending trial. As I noted in Lewis, supra, at para. 17, a motions judge should approach the issue with some caution.

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