The husband brought a motion for leave to appeal an interim support order made during an application to vary.
He argued the motions judge lacked jurisdiction under the Divorce Act to grant interim relief on a variation application.
The Divisional Court dismissed the motion, finding no conflicting principles in the case law and no reason to doubt the correctness of the decision.
The court noted the motions judge remained seized of the matter and the husband would have a full right of appeal once a final decision was made.