(905) 415-1636

Elgner v. Elgner ONCA 2011

This Ontario Court of Appeal case arose from an interim support order from the Ontario Superior court.  The Superior Court had awarded the respondent wife interim spousal support of $110,000 a month and ordered the applicant husband to pay nearly 3.4 million dollars in arrears.  The most important issue the court of appeal had to deal with in this case was whether or not the applicant had an appeal-as-of-right to the interim order, or whether individuals were required to seek leave from the court in order to appeal such orders.

While, traditionally, the rule was that leave to appeal was necessary when dealing with any interlocutory order, other Court of Appeals had found otherwise.  The British Columbia Court of Appeal had recently stated that appeal as of right was available on interim orders. The Ontario Court of Appeal, however, maintained the more traditional stance.  The Court of Appeal came to this conclusion by interpreting Section 21(1) and 21(6) of the Divorce Act:

21. (1) Subject to subsections (2) and (3), an appeal lies to the appellate court from any judgment or order, whether final or interim, rendered or made by a court under this Act.

(6) Except as otherwise provided by this Act or the rules or regulations, an appeal under this section shall be asserted, heard and decided according to the ordinary procedure governing appeals to the appellate court from the court rendering the judgment or making the order being appealed.

The Court interpreted these two provisions and determined that Section 21 (1) was to be interpreted in accordance with the ordinary procedures for appeals.  The Court then stated that the ordinary procedure was not appeal-as-of-right for interlocutory matters.  Rather, in order to be appealed they required leave from the court.

More From the Feldstein Blog

Ontario Family Law, Translated

The statute is dense. The stakes are personal. These articles unpack the parts clients ask about most.

Divorce

Hidden Cash Income in an Ontario Divorce

When one spouse earns cash, determining their true income after separation may be difficult. Cash payments do not always appear on a pay cheque, bank statement, or income ... Read more

July 27, 2026 · 5 min read

Case Blog

Riemersma v. Riemersma

Facts  The Applicant wife and Respondent husband were married in 2002 and separated in  November of 2025 after a lengthy marriage. They jointly owned the matrimonial home  located ... Read more

July 24, 2026 · 5 min read

Feldstein Family Law Group, P.C.

The Law Is Complex.
The First Step Isn't.

Free, confidential consultation with an experienced Ontario family law lawyer. One call can change everything.

Markham · Oakville · Mississauga · Vaughan

Call (905) 415-1636

Responses within one business day — often the same day.

Our Offices

Serving Families Across Ontario & the Greater Toronto Area

Four Feldstein Family Law Group offices across the GTA — close to where our clients live, work, and raise their families.

Markham

20 Crown Steel Dr Suite 8
Markham, ON L3R 9X9, Canada

Map & Directions

Mississauga

3464 Semenyk Ct Suite 213
Mississauga, ON L5C 4P8, Canada

Map & Directions

Vaughan

3865 Major MacKenzie Dr W Suite 107
Vaughan, ON L4H 4P4, Canada

Map & Directions

Oakville

209 Speers Rd Suite 5
Oakville, ON L6K 0H5, Canada

Map & Directions

Communities We Serve

Feldstein Family Law Group represents clients across the Greater Toronto Area — including Toronto, Markham, Oakville, Mississauga, Vaughan, Richmond Hill, Thornhill, Unionville, Stouffville, Aurora, Newmarket, Brampton, Etobicoke, North York, Scarborough, Burlington, Milton, Georgetown, Woodbridge, Maple, King City, and the surrounding communities of York Region, Peel Region, Halton Region, and Durham Region.