The difference between a final order and an interim order
Note: Mouse over any of the terms in green type to see a definition.
On this website, you will see references to final orders and interim orders.
Final orders
A final order is an order that a judge makes at the end of a trial that is intended to apply to both parties for the foreseeable future.
Because Provincial Court procedures are primarily designed for people to give their evidence under oath and out loud in front of a judge, you may get a "final" order as a result of an initial application to the court. But to get a "final" order in Supreme Court, you generally have to return to court for a trial after the initial application.
Interim orders
An interim order is an order made by a judge/master that is intended to apply to both parties only temporarily, until a final order is obtained at a trial. An interim order is based on limited evidence and arguments presented when the order is requested. In Supreme Court, one or both parties will often not even be in court as they will have lawyers attend for them. More detail is presented at a trial, where both parties are observed in court. This gives the judge the opportunity to form impressions and opinions about each witness and, most importantly, to assess the honesty (credibility) of each party.
An interim order is sometimes called an interlocutory order, and an application for an interim order is sometimes called an interlocutory application. In Supreme Court, it is often called a Chambers application.
Interim orders might deal with procedural matters; for example, an order that one party produce a financial statement by a certain date. Or they might deal with more substantial matters, such as custody, guardianship, access, and maintenance. In Supreme Court, interim orders are made after the judge/master reviews Affidavit (written and sworn) evidence and arguments based on that evidence. In Provincial Court, an interim order may be based on Affidavit evidence in some cases, but would usually follow a short hearing. Because the courts are very busy, it often takes several months to a year or more to go to trial after you apply for a trial date. The interim order fills the gap by giving everyone rules to follow in the meantime.
You may be trying to get an order for support (child or spousal), custody, guardianship, or access. If you wish to proceed in Supreme Court, the first step is to get an interim order. If you get an interim order, the judge/master may not rule on some of the things you are concerned about, like how to divide the children's vacations between separated parents. The order itself will not usually have a time limit or expiry date. It will last until you go to trial, whether that is six months or six years from now (assuming no one successfully applies to change it in the meantime).
If you are unhappy with an interim order, usually the next step is to proceed to trial as quickly as possible. In Supreme Court, there are many rules and procedural tools for preparing for and going through a trial. There are also very significant fees you have to pay to the court when you book your trial and after it ends. These fees may keep you from proceeding further. In Provincial Court, there are no fees for going to trial.
Agreeing to make an interim order the final order
If you and the other party reach an agreement, but you applied earlier for an interim order, advise the judge that you both intend for the order to be "final." In this case, the order can be made final by consent.
Changing orders
In family law, no order is ever permanent and unchangeable. Either party may go back to court to ask for a final order to be changed if there is a material (substantial) change in circumstances. This may be appropriate in cases where an interim order has been in place for years without change as well. Try to get legal advice in such a situation before deciding how to proceed.
Appealing orders
You can appeal an interim Supreme Court order for child custody, access, guardianship, or child/spousal support only if there has been a significant error of law. You cannot appeal an interim Provincial (Family) Court order, although in rare cases, a judicial review is possible.
You would appeal a final order from the Supreme Court in the Court of Appeal. You would appeal a final order from Provincial Court in the Supreme Court.
There are important time limits for appeals, from as little as 14 days for some interim orders to up to 30 days for others. You must get legal advice and file your appeal before the time limit expires. Do not wait until the last minute. There are strict legal rules about how the days are counted for these time limits. Get legal help as soon as possible.
Back to: Previous
