The respondent appealed a motion judge's ruling that leave was required to appeal a temporary spousal support order made under the Divorce Act.
The respondent argued that the Divorce Act provided an unfettered right of appeal that superseded the leave requirements of the Courts of Justice Act.
The Divisional Court dismissed the appeal, holding that the Divorce Act's appeal provisions must be read in conjunction with provincial procedural rules, meaning leave to appeal an interlocutory order is still required.
