F. Interim Orders

Author:Julien D. Payne - Marilyn A. Payne

Page 594

An appellate court will only interfere with an interim order for child support if wrong principles of law have been applied or the order under appeal results in a patent injustice.38An appeal from a Master’s order in a purely interlocu-tory matter should not be entertained unless the order was clearly wrong.39In Ontario, leave to appeal an interim order for child support lies to the Divisional Court, not the Court of Appeal. Rule 62.02(2) of the Ontario Rules of Civil Procedure provides a time limit of seven days for service of the notice of motion for leave. A self-represented litigant, like a legally represented litigant, is bound by the Ontario Rules of Civil Procedure, and will not be granted an extension of time where no satisfactory explanation for the delay is furnished.40

[38] Klain v Klain, [1998] NSJ No 20 (CA); compare Dram v Foster, 2009 MBCA 125.

[39] Von Sturmer v Von Sturmer, [1998] BCJ No 1646 (SC).

[40] Orser v Grant, [2001] OJ No 24 (Div Ct).

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