In what circumstances will a judge strike down an interim order for maintenance?
British Columbia, Canada
The following excerpt is from A.S. v. L.H.S., 2004 BCSC 166 (CanLII):
In 1993, Huddart J. as she then was in Boznik v. Boznik (1993), 1993 CanLII 2215 (BC SC), 76 B.C.L.R. (2d) 202, [1993] B.C.J. No. 472 (Q.L.)(S.C.), interpreted the changes that were made in the amendments to the Divorce Act in 1985, R.S.C. 1985, c. 3 (2nd Supp.), and stated at ¶ 19: The general rule that an interim order remains in effect until a final order is made is good law. However, what constitutes a final order in relation to an interim order for maintenance has changed with the coming into force under the 1985 Divorce Act. Under the old Divorce Act, the general rule was applied so that a decree nisi extinguished all interim orders made in the proceeding. Under the new Divorce Act, only a final determination regarding the corollary relief can extinguish the interim order.
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