“In Damashin-Zamfirescu v. Damaschin-Zamfirescu, 2012 ONSC 6689 (Ont SCJ) additional principles for the Court to consider on temporary spousal support motions were set out as follows:
(1) The party claiming temporary spousal support has the onus of establishing that there is a triable (prima facie) case, both with respect to entitlement and quantum. The merits of the case in its entirety are to be dealt with at trial.
(2) In the event a spousal support claimant cannot establish an arguable case for entitlement to spousal support, the motion for temporary relief should be dismissed, even if the claimant has a need and the other party has ability to pay.
(3) The court is not required to carry out a complete and detailed inquiry into all aspects and details of the case or to determine the extent to which either party suffered economic advantage or disadvantage because of the relationship or its breakdown. That task is for the trial judge.
(4) The primary goal of interim spousal support is to provide income for dependent spouses from the time the proceedings are commenced until trial. Interim support is meant to be a “holding pattern” to, in so much as possible, maintain the accustomed lifestyle pending trial.
(5) If a triable case exists, interim support is to be based primarily on the motion judge’s assessment of the parties’ means and needs. The objective of encouraging self-sufficiency is of less importance.”