Can an exclusive possession order be changed or cancelled in Ontario?

Yes. An exclusive possession order can be varied or terminated if there has been a material change in circumstances since the original order was made. Courts retain jurisdiction to revisit interim orders as the family situation evolves during the separation period.

Examples of changes that might support a variation include: the children have moved to live primarily with the other parent, the spouse who has exclusive possession is no longer able to afford the home, the parties have reached a property settlement making the order unnecessary, or the original basis for the order (such as safety concerns) no longer applies.

To vary an exclusive possession order, the party seeking the change files a motion to change and provides evidence of what has changed since the order was made. The other party has the opportunity to respond. If both parties agree that the circumstances have changed and consent to a modification, the process is much simpler — a consent order or minutes of settlement can reflect the new arrangement. The order can also be dissolved by agreement as part of a comprehensive separation agreement that resolves the matrimonial home.