What is the legal test for appeal against a temporary support order?

Ontario, Canada


The following excerpt is from Borschel v. Borschel, 2021 ONSC 7843 (CanLII):

This court has commented frequently that leave to appeal is seldom granted in respect to temporary support orders. As stated by the leave panel in Lokhandwala v. Khan, 2019 ONSC 6346 (Div. Ct.), para. 5: In family law, temporary support orders are designed to establish or maintain a reasonable state of affairs pending trial. Unless expressly stated otherwise, these orders are without prejudice to adjustment by the trial judge. Interlocutory appeals in family law matters are costly, time-consuming, and tend to impair the reasonable and efficient course of those proceedings. Errors in temporary support orders – even ones that are straightforward – are almost always better addressed at trial rather than by way of interlocutory appeal. As argued by the responding party in her factum, “instead of expending their scarce resources on a potential appeal from a [temporary] Order, the parties should focus their attention on resolving the case on a final basis.”

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