Kenneth A. Cole

The applicant brought a motion for interim spousal support under s. 33 of the Family Law Act, seeking both ongoing support and retroactive support following the breakdown of a long-term cohabitation relationship.

The applicant also sought an advance payment of $50,000 in interim disbursements to retain a financial expert for trial.

The court dismissed the request for advance disbursements, finding the applicant had not demonstrated the exceptional circumstances required to justify such relief or that he would be unable to proceed to trial without it.

The claim for retroactive support was also declined on an interim basis given the proximity of trial.

However, the court found a prima facie case of entitlement to support and ordered interim spousal support of $1,500 per month until trial.

The parties entered into a separation agreement to resolve corollary relief proceedings.

The respondent brought a motion to compel the appellant to comply with the agreement, which was granted.

The appellant appealed, arguing that the court lacked jurisdiction to enforce the agreement by way of motion rather than application, and that the motion judge erred in awarding interest.

The Court of Appeal dismissed the appeal, holding that a motion was appropriate because the underlying action had not been dismissed, and that the motion judge had statutory authority to award interest under the Courts of Justice Act.