What is the test for a temporary spousal support motion?

Ontario, Canada


The following excerpt is from R.S. v. M.S.M., 2016 ONCJ 297 (CanLII):

[42] In Kowalski v. Grant, 2007 MBQB 235 (CanLII), 2007 CarswellMan 422 (ManQB), the court set out the following principles in dealing with temporary spousal support motions: 1. Interim support is to provide income for dependent spouses from the time the proceedings are instituted until trial. 2. The court need not conduct a complete inquiry into all aspects and details to determine what extent either party suffered economic advantage or disadvantage as a result of the relationship. That is to be left to the trial judge. 3. Interim support is a holding order to maintain the accustomed lifestyle if possible pending final disposition as long as the claimant is able to present a triable case for economic disadvantage. 4. Interim support is to be based on the parties’ means and needs assuming that a triable case exists. The merits of the case in its entirety must await a final hearing.

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