What is the legal framework governing interim applications for an interim order?
British Columbia, Canada
The following excerpt is from Munroe v Elisseeva, 2020 BCSC 1952 (CanLII):
I turn first to the legal framework governing such applications. In doing so, I note that this is an interim application. The primary purpose of interim orders is to preserve the status quo, and provide a short-term solution until issues regarding the best interests of the children can be fully canvassed at trial: Fitzgibbon v. Fitzgibbon, 2014 BCCA 403 at para. 22.
It is expected that given the interlocutory nature of the proceeding, the chambers judge will not have fulsome evidence before her, and is expected to make preliminary findings based on the evidence as it then stands: Lit v. Lit, 2018 BCSC 2023 at para 6.
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