10. The court order in place, made by Justice Faieta on October 13, 2020, was made on an interim without prejudice basis. The applicant submits that as the order was made on an interim without prejudice basis, then no material change must be shown. This is similar to the question considered in Verma v. Di Salvo, 2020 ONSC 850, where the court stated (at paras. 38-40): [38] The mother argues that my temporary order of October 17, 2019 establishes a parenting status quo, which should not be changed absent a material change in circumstances. I disagree. [39] My order set out parenting orders as terms of an adjournment of the motion that, among other things sought custody of J, parenting time for the mother in accordance with the advice of a parenting coordinator, and delivery of J to the father. Without having heard that motion on the merits, the order setting out terms of the adjournment cannot be considered an order creating a status quo that cannot be varied. [40] The mother also argues that the current arrangement is a de facto status quo. I disagree again. The current parenting arrangement was established by my order setting out the terms of the adjournment and, for the reasons I explain above, is not an order that creates a status quo.” (emphasis added)
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