On a motion for interim support, does the court undertake an in-depth analysis of the parties’ circumstances which are better left to trial?
Ontario, Canada
The following excerpt is from Kohli v. Thom, 2021 ONSC 927 (CanLII):
On a motion for interim support, “the court does not embark on an in-depth analysis of the parties’ circumstances which is better left to trial”: Van Haren v. Stewart, 2017 ONSC 4238, at para. 24. In that case, MacLeod J. held, at para. 25, in relation to imputing income, that “the court should avoid making extreme orders on vague and uncertain evidence, where findings are made without the benefit of cross-examinations and on an incomplete evidentiary record.” Given that this is a preliminary stage in the proceedings, and that neither party filed an updated financial statement before the hearing of the motion, it is neither possible nor appropriate to engage in an extended analysis of the Respondent’s income at this time.
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