Appealing Interim Orders to the Alberta Court of Appeal

In most cases, the Alberta Court of Appeal does not like to hear appeals of interim orders relating to child and spousal support.

Before delving into why that is, we have to understand what an interim order is.

Interim orders are routinely granted in family law & divorce matters. The role of an interim order is to provide temporary arrangements that are codified in a court order until a final determination of issues once the evidence has further developed and there is a final determination or agreement.

Interim orders are often granted when there is an incomplete record before a judge. In Anand v Anand, 2016 ABCA 23, the Alberta Court of Appeal identified this and said that judges dealing with matters in regular chambers do the best they can to set an interim balance between the parties until the matter can go to trial. Some judges have referred to interim orders as being “rough justice, at best” (See: Malazdrewicz v Malazdrewicz, 2020 ABCA 423).

In the very recent decision of Rutter v Rutter, 2024 ABCA 11 the Alberta Court of Appeal referred to an interim spousal support analysis done by judge in chambers as being “a band-aid, not surgery”. In Anand the Alberta Court of Appeal recognized that one of the largest frailties of an interim spousal support order is that the evidence is incomplete and there is an inability for a judge to consider the interplay between spousal support and the division of family property.

So, what should you do if you don’t like the results of an interim order?

You should consider the comments from the Alberta Court of Appeal above, however, even more so you should consider the litany of cases from the Alberta Court of Appeal that have repeatedly told parties not to waste finite time and money appealing interim orders. Instead, our courts have told parties that money is better spent achieving an equitable settlement or getting a final determination at trial of all matters at issue.

It may be beneficial for you to seek a consultation if you are unhappy with the interim order.

It may be one of the few where a judge incorrectly applied a legal principle and that may require some intervention from the Alberta Court of Appeal. However, with any interim order, you must be mindful of the cases outlined above and conduct a cost-benefit analysis on whether an appeal actually moves your matter forward to resolution or whether you may be wasting time and financial resources on a fruitless endevour.