The appellant sought to appeal an interim spousal support order made under the Divorce Act as of right, arguing that section 21(1) of the Divorce Act provides a direct right of appeal that is paramount over the leave requirement in section 19(1)(b) of the Courts of Justice Act.
The Court of Appeal held that section 21(6) of the Divorce Act requires appeals to be asserted according to the ordinary procedure of the province, which in Ontario includes the leave requirement.
The court found no conflict between the federal and provincial legislation, concluding that the doctrine of paramountcy was not engaged and leave to appeal was required.
