K.S.P. v. J.T.P.

K.S.P. v. J.T.P.

Court lacks jurisdiction under s.89 to order an interim distribution to fund an appeal of a separate civil tort proceeding; however, an s.89 interim distribution was appropriate to fund the family proceedings and the court varied paragraph 5 of the 2nd Mayer Order to permit private financing secured against the B...

Source-derived case information.

Citation
2022 BCSC 1017
Parties
Claimant: K.S.P. aka K.S.; Respondent: J.T.P.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 June 2022
Procedural Posture
Family Property (family Law Act) / Interim Application Under S.89 FLA (in Chambers)
Outcome
Application dismissed insofar as it sought an interim distribution to fund the appeal of the separate civil tort proceeding; application granted in part to vary the 2nd Mayer Order to permit renewal of $300,000 and an additional $100,000 secured against the B Residence to fund the family litigation with specified...
Legal Topics
Interim Distribution, Litigation Funding, Appeal Funding (civil), Excluded Property, Security for Advances, Costs
Source Language
english
Family Law Property Law Civil Procedure Tort Law Interim Distribution Litigation Funding Appeal Funding (civil) Excluded Property +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

K.S.P. aka K.S.

Claimant

J.T.P.

Respondent

Procedural Posture

Family Property (family Law Act) / Interim Application Under S.89 FLA (in Chambers)

Legal Issues

  1. 1 Whether the court has jurisdiction under s.89 FLA to fund an appeal of a separate civil tort proceeding
  2. 2 Whether an interim distribution under s.89 would be harmful to the distributing spouse
  3. 3 Which family property (A or B Residence) may properly be used as security for an s.89 advance

Ratio Decidendi

Court lacks jurisdiction under s.89 to order an interim distribution to fund an appeal of a separate civil tort proceeding; however, an s.89 interim distribution was appropriate to fund the family proceedings and the court varied paragraph 5 of the 2nd Mayer Order to permit private financing secured against the B Residence for the renewal ($300,000) and new ($100,000) advances with specified repayment apportionments and conditions to protect interests of both parties.

Court Disposition

Application dismissed insofar as it sought an interim distribution to fund the appeal of the separate civil tort proceeding; application granted in part to vary the 2nd Mayer Order to permit renewal of $300,000 and an additional $100,000 secured against the B Residence to fund the family litigation with specified...

Orders

  • Paragraph 5 of the 2nd Mayer Order is varied to permit the parties to complete private financing secured against the B Residence for: (i) $300,000 plus pre-payment of interest and lending fees (Renewal Funds); and (ii) $100,000 plus pre-payment of interest and lending fees (New Funds) (the Second Advances).
  • Repayment apportionment: Claimant responsible for repaying or refinancing 2/3 of the Renewal Funds (including $200,000 and 2/3 of pre-payments); Respondent responsible for repaying or refinancing 1/3 of the Renewal Funds (including $100,000 and 1/3 of pre-payments); Respondent responsible for repaying or refinancing...