Can a court vary an interim order under section 37 of the Rules of Civil Procedure?

Ontario, Canada


The following excerpt is from De Ronov v. Agathocli, 1995 CanLII 3848 (ON CJ):

[16] . . . It [section 37] does not necessarily include the power to make an interim or final order as the legislature would presumably have so stated in section 37 before making any reference to any other order referred to. Subsection 37(2) broadens the area of consideration by making reference to those alternatives in section 34. For a court acting under section 37 to have jurisdiction to vary an order on an interim basis, it must find the jurisdiction in section 37. The question is whether the incorporation by reference to section 34 includes the opening words as well as the alternatives recited there. The wording of section 37 and the context in which it is used causes me to conclude that the alternatives are referred to and not the whole section. Those opening words of subsection 34 (1) are qualified by the phrase “In an application under section 33”. Subsection 34(1) is designed to feed section 33. For these reasons, I reject the analysis advanced in the case in Blaese v. Chornenki.

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