A.K.P. v. I.S.P.

A.K.P. v. I.S.P.

Because the claimant is economically disadvantaged and an interim distribution is necessary to enable full participation in imminent trials, and because the proposed amounts would not prejudice the respondent's ultimate entitlement, the court should exercise its discretion under s.89 to order limited interim distributions tailored to necessity and the interests of justice; accordingly the court ordered $50,000 to each party within 14 days and a further $50,000 to the claimant by July 8, 2024, and awarded costs to the claimant for specified applications on the stated basis.

Citation
2024 BCSC 652
Parties
Claimant: A.K.P.; Respondent: I.S.P.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 April 2024
Procedural Posture
Family Law / Interim Application (s.89 Distribution and Parenting Matters)
Outcome
Interim distribution ordered and costs awarded to claimant as set out in orders.
Legal Topics
Interim Distribution, Section 89 Family Law Act, Parenting, Costs, Spousal Support, Property Division, Trusts, Corporate Assets
Source Language
English
Family Law Civil Procedure Financial Remedies Interim Distribution Section 89 Family Law Act Parenting Costs Spousal Support +3 more

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Parties

A.K.P.

Claimant

I.S.P.

Respondent

Procedural Posture

Family Law / Interim Application (s.89 Distribution and Parenting Matters)

Legal Issues

  1. 1 Whether an interim distribution under s.89 of the Family Law Act should be ordered
  2. 2 What amount of interim distribution is necessary and will not prejudice the respondent's ultimate entitlement
  3. 3 Whether the court may impose terms benefiting a non‑applying party when granting a distribution

Ratio Decidendi

Because the claimant is economically disadvantaged and an interim distribution is necessary to enable full participation in imminent trials, and because the proposed amounts would not prejudice the respondent's ultimate entitlement, the court should exercise its discretion under s.89 to order limited interim distributions tailored to necessity and the interests of justice; accordingly the court ordered $50,000 to each party within 14 days and a further $50,000 to the claimant by July 8, 2024, and awarded costs to the claimant for specified applications on the stated basis.

Court Disposition

Interim distribution ordered and costs awarded to claimant as set out in orders.

Orders

  • Interim distribution of $50,000 to each party to be funded from assets under Mr. P's control within 14 days of this order (April 11, 2024).
  • Further interim distribution of $50,000 to the claimant (Ms. P) to be paid by Mr. P from assets under his control by July 8, 2024.