What is the test for making an interim order to maintain the financial status quo pending trial?

Ontario, Canada


The following excerpt is from Hourtovenko v. Hourtovenko, 2021 ONSC 7377 (CanLII):

In argument, the respondent submitted that the goal in making an interim order is to maintain the financial status quo pending trial. She submits that the court is not mandated to conduct a detailed investigation into the merits of the case. While I concur with this position, I would note that the court is required to understand what the status quo is, what income resources are available to the parties on an interim basis, and whether there are any circumstances which may make the status quo unsustainable. Unlike the parties in Nash v. Olsson, 2012 BCSC 1099, this is not a situation in which the respondent has no source of income independent of the applicant. The respondent owns her own business, and the income from that business must be considered as it impacts the respondent’s need for support, and the calculation of the quantum of support pursuant to the SSAGs.

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