Wednesday, June 29, 2011

Appeal from interim spousal support order requires leave in Ontario

Elgner v. Elgner, 2011 ONCA 483 --
An interim spousal support order is made. Can the order be appealed as of right or only with leave? Leave required:


[55] In conclusion, when ss. 21(1) and (6) of the Divorce Act are given their ordinary meaning and read in their entire context, harmoniously with the scheme of the Act, the object of the Act and the intention of Parliament, it is clear that the right of appeal given by s. 21(1) is to be exercised in accordance with the ordinary procedures governing appeals of that nature. In Ontario, the ordinary procedure requires leave, if the matter to be appealed is an interlocutory order of a judge of the Superior Court of Justice.

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