Is there legislative authority to vary a final order by way of an interim order?

Ontario, Canada


The following excerpt is from Hunter-Eusebi v. Eusebi, 2012 ONSC 4825 (CanLII):

She also submits that there is no legislative authority to vary a final order by way of an interim order, which is what the father is requesting. In fact, as noted in Hayes v. Hayes, [1] there are two lines of authority: "One based on the principle that there is no expressed statutory authority to permit an interim order to be made to vary a final order pending a hearing to vary that final order. The second line of cases finds that such authority exists in cases of clear hardship."

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