T.H.O.G. v. L.N.G.

T.H.O.G. v. L.N.G.

The court exercised its s.66 jurisdiction to grant an interim distribution limited to legal and professional costs because there was a reasonable possibility that trial valuations were based on inaccurate information (notably the acquisition funding of V. Inc. and the Designing Health litigation), the distribution...

Source-derived case information.

Citation
2003 BCSC 287
Parties
Plaintiff: T.H.O.G.; Defendant: L.N.G.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 February 2003
Procedural Posture
Family Law (property Division) / Post Trial Interim Application for Distribution and Application to Reopen Trial
Outcome
Application granted in part.
Legal Topics
Interim Distribution of Trust Funds, Application to Reopen Trial, Appointment of Experts (r.32 A), Use of Funds for Legal and Expert Costs, Valuation and Subsequent Adverse Events
Source Language
english
Family Law Civil Procedure Trusts Property Division Evidence (expert) Interim Distribution of Trust Funds Application to Reopen Trial Appointment of Experts (r.32 A) +2 more

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Parties

T.H.O.G.

Plaintiff

L.N.G.

Defendant

Procedural Posture

Family Law (property Division) / Post Trial Interim Application for Distribution and Application to Reopen Trial

Legal Issues

  1. 1 Whether the court may order an interim distribution from trust funds under s.66 of the Family Relations Act to fund legal and expert costs related to an application to reopen the trial
  2. 2 Whether the requested funds are necessary and reasonable and would jeopardize the other party's position at trial
  3. 3 Whether the court should appoint an independent expert under R.32A prior to any successful reopening of the trial

Ratio Decidendi

The court exercised its s.66 jurisdiction to grant an interim distribution limited to legal and professional costs because there was a reasonable possibility that trial valuations were based on inaccurate information (notably the acquisition funding of V. Inc. and the Designing Health litigation), the distribution would not jeopardize the plaintiff's position (given prior equal distributions from the same fund), and the payment was necessary and reasonable to enable the defendant to assess and pursue her application to reopen; accordingly the court ordered 30% of the F. trust funds to be distributed to the defendant for that purpose.

Court Disposition

Application granted in part.

Orders

  • Distribute 30% of the F. trust funds to the defendant for the purpose of funding her legal and professional costs of the assessment related to her application to re-open the trial.
  • Counsel to arrange a telephone conference as soon as possible to address fixing dates for the outstanding application to be brought to hearing.