September 19, 2023 – Entitlement to Spousal Support on Motion

“The husband is clearly entitled to spousal support.  It is not necessary at this juncture to more comprehensively analyze the husband’s entitlement.  In Knowles v. Lindstrom, 2015 ONSC 1408 (CanLII), 57 R.F.L. (7th) 402, Penny J. observed at para 8, (as most recently followed by MacKinnon J. in Bridge v. Laurence, 2016 ONSC 5075 (CanLII)),

[18] 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 trial, Jarzebinski 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”

Testani v. Haughton, 2016 ONSC 5827 (CanLII) at 22