D. Enforcement Under Provincial Laws

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 454-454

Page 454

Section 20(3)(b) of the Divorce Act expressly recognizes alternative means of enforcing corollary orders to those specified in section 20(3)(a) where such means have been provided for by provincial laws.¹⁷The directors of provincial enforcement plans do not have the authority to vary a court order. Although they may choose the method by which an order is to be enforced, they may not alter the terms or conditions of the order.¹⁸

[17] See Montaque v. Montaque (1987), 11 R.F.L. (3d) 281 (Ont. U.F.C.) (automatic enforcement). For an excellent overview of the enforcement powers of the Ontario Court (Provincial Division), including the jurisdiction to enforce costs and award post-judgment interest in the event of default under a support order, see Allen v. Morrison (1986), 4 R.F.L. (3d) 113 (Ont. Dist. Ct.), var’d (1987), 11 R.F.L. (3d) 225 (Ont. Div. Ct.). Regarding the jurisdiction of a Provincial Court to interpret an agreement in automatic enforcement proceedings, see Vijendren v. Hopkins (1987), 11 R.F.L. (3d) 132 (Ont. Fam. Ct.); see also Wallace v. Wal-lace (1989), 24 R.F.L. (3d) 331 (Ont. Dist. Ct.); Director, Support and Custody Enforcement v. Tombs (1990)...