June 10, 2025 – Variation of Temporary Orders

“Courts have traditionally discouraged the variation of interim orders on an interim basis pending trial unless the circumstances are urgent.  The preferable approach is to get the matter on to trial.  However, that is not to say that it can never be done.  For example, very recently in Michael v. Michael, 2024 ONSC 3107Coats J. changed a spousal support order made earlier in the case, in advance of trial.  In so doing she found that the payor had established a strong prima facie case for a material change in circumstances, because there had been a significant decrease in the payor’s income and an increase in the recipient’s.  She found that neither had significant assets or debts, that continuing the Order would cause financial hardship as both parties were in similar financial circumstances, and the support order was almost all of the payor’s current income.  She found that it would be “incongruous and absurd” to continue the spousal support Order, as the recipient’s income was higher than the payor’s, and the payor did not have the capacity to pay:  see ¶ 10-18.”

D.N. v. A.N., 2024 ONSC 3330 (CanLII) at 75

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