Is an interim order allowing J.F.R. to list for sale the house to be listed for sale intended to have permanent effect?

British Columbia, Canada


The following excerpt is from L.M.R. v. J.F.R., 2010 BCSC 363 (CanLII):

The order permitting the house to be listed for sale must have been intended to have permanent effect, finally resolving the question of whether J.F.R. would continue to live in the house. Certain interim orders, for example interim custody or support orders, are clearly not intended to be permanent and it is an error for a trial judge to place inordinate weight or give undue effect to interim orders: Leung v. Leung, 1999 BCCA 485. Other interim orders, however, are intended to finally resolve issues between the parties. Parties taking issue with such orders should do so by way of appeal, rather than disregarding them and attempting to revisit the issues at trial.

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