Does the court have authority to vary temporary spousal support orders?

British Columbia, Canada


The following excerpt is from Janmohamed v. Janmohamed, 2014 BCSC 107 (CanLII):

Despite the lack of specific provisions in the Divorce Act regarding variation of temporary orders, the court does have the authority to make changes to temporary spousal support orders in response to developments in the parties' situations and the availability of more fulsome evidence relevant to the spousal support analysis. The power to vary temporary spousal support orders made under the Act derives from the court's inherent jurisdiction to amend interlocutory orders.3 This ability to vary such orders is critical to ensuring fairness and justice as between the parties, given that temporary orders are often imperfect solutions based on very limited and usually untested information.4 As Sachs, J. stated in Chaitas v. Christopoulos,5 temporary corollary relief orders are intended to provide "a reasonably acceptable solution to a difficult problem until trial."

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