Can a motion for temporary spousal support be dismissed?

Ontario, Canada


The following excerpt is from MacIntyre-McAlear v. McAlear, 2018 ONSC 1395 (CanLII):

An order for temporary spousal support is not a final decision, but a temporary order intended to address short term hardship which has arisen from the breakdown of the marriage. To suggest that the motion be dismissed by raising a triable issue results in too great a burden on the recipient, as the issue of entitlement is often disputed by the support payor and there is often conflicting evidence on the issue of entitlement: Lamb v. Watt, supra, at para. 25.

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