January 27, 2023 – Prima Facie vs. Balance of Probabilities

“The general principles guiding the exercise of the court’s discretion when dealing with support pending trial were summarized by Penny J. in Knowles v. Lindstrom, 2015 ONSC 1408 (CanLII):

It is well-established that interim support motions are not intended to involve a detailed examination of the merits of the case.  Nor is the court required to determine the extent to which either party suffered economic advantage or disadvantage as a result of the relationship or its breakdown.  These tasks are for the trial judge.  Orders for interim support are based on a triable or prima facie case.  An order for interim support is in the nature of a “holding order” for the purpose of maintaining the accustomed lifestyle pending trialJarzebinski v. Jarzebinski, 2004 CarswellOnt 4600 (ONSC) at para. 36; Damaschin-Zamfirescu v. Damaschin-Zamfirescu, 2012 ONSC 6689 (CanLII), 2012 CarswellOnt 14841 (ONSC) at para. 24.

During submissions, the meaning of prima facie was discussed.  Counsel for the Applicant argues that it is a lessor standard than balance of probabilities.  Counsel for the Respondent argues that it is higher.

Prima facie is defined in the Blacks Law Dictionary as: “At first sight; on the first appearance; on the face of it; so far as can be judged from the first disclosure; presumably; a fact presumed to be true unless disproved by some evidence to the contrary.”  Accordingly, prima facie is a standard higher than balance of probabilities.”

            Norouzi v. Bokharaei, 2022 ONSC 615 (CanLII) at 24-26