What is the test for appeal against interim support orders?

Ontario, Canada


The following excerpt is from Gallant v. Gallant, 2009 CanLII 67416 (ON SC):

I am further of the view that there is no reason to doubt the correctness of the decision in question, nor does the appeal proposed involve matters of such importance that leave should be granted, as there is nothing at stake in this matter which goes beyond the immediate interest these parties. Interim support orders are temporary by their nature, and as such, it would be most difficult to establish that any order relating to interim support would satisfy the test of "importance" called for in Rule 62.02 (4) (b): Jessome v. Jessome, [1998] O.J. No. 5565.

Further, even if leave to appeal were granted, an appeal would be subject to the stricture as set out by Zuber J.A. in Sypher v. Sypher 2 R.F.L. (3rd) 413: …an appellate court should not interfere with an interim order unless it is demonstrated that the interim order is clearly wrong and exceeds the wide ambit of reasonable solutions that are available on a summary interim proceeding. I am further view that on this basis as well, I am not persuaded that leave to appeal should be granted: Selznick v. Seznick, 2003 CanLII 2350.

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