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.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.