Can a variation of an interim order be made in the context of a motion to change a final order?

Ontario, Canada


The following excerpt is from Lagrandeur v. Lagrandeur, 2017 ONSC 6967 (CanLII):

In the Innocente v. Innocente case, the issue was whether the court had jurisdiction to make an interim variation of a final order and whether or not a variation of an interim order (made in the context of a motion to change a final order) could be made. In that case, I concluded that, although variation of interim orders should be an infrequent event, available only (i) to prevent undue hardship; (ii) to prevent incongruity or absurdity, and (iii) where there is a pressing and immediate urgency), “it is not beyond the jurisdiction of a Superior court, where the circumstances justify it.” (para.55)

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