Obtaining Leave to Appeal from an Interim Order

The recent case of Reddy v. Reddy, 2016 ONSC 807 deals with a motion for leave to appeal from an interim order granting a variety of relief. This article focuses on the appeal process.

Ontario’s Family Law Rules do not specify an appeal process, so we must turn to the Rules of Civil Procedure. Rule 62.02 governs appeals from an interim order made by a judge.

The test is found in Rule 62.02 (4) (a) and (b). According to Reddy, leave should not be easily granted and the test is very strict. The rule states that leave shall not be granted unless one of two circumstances exist.

Leave may be granted under (a) where there is a conflicting decision by another judge or court in Ontario or elsewhere on the matter involved in the proposed appeal and it is, in the opinion of the judge hearing the motion, desirable that leave to appeal be granted. The Court in Reddy stated that the conflict must regard a matter of principle, not simply a situation where a different result is reached.

Leave may also be granted under (b) where there appears to the judge hearing the motion good reason to doubt the correctness of the order and the proposed appeal involves matters of such importance that leave should be granted. The Reddy Court explains that leave may be granted where the correctness of the decision is open to vary serious debate. Further, the judge granting leave need not believe that the decision is actually wrong. The Court lastly reminds that the matter must touch upon the broader interests of law and the administration of justice.