What is the effect of Ruttan v.Ruttan on the interpretation of a superior court order?
Ontario, Canada
The following excerpt is from Vijendren v. Hopkins, 1987 CanLII 4448 (ON CJ):
[11] It has been frequently observed by many, academic practitioner and litigant alike, that Ruttan v. Ruttan has caused untold difficulty, delay, expense, frustration and “mischief” since inferior enforcement courts were found to have no power to interpret superior court orders. In a purely legal forum, the decision in Ruttan v. Ruttan makes eminent sense and is not only logical, but reasonable. However, on a daily and practical basis, many litigants took advantage of that decision to avoid and delay expeditious attempts at collection of ever accumulating arrears, pending the return to the original superior court for an interpretation of even the most trivial and obvious of terms in an original order.
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