Canada Case Law

McGrail v. McGrail

Court

Supreme Court of British Columbia

The claimant failed to prove necessity and the minimum quantum required for an interim distribution under s.89 and effectively sought funds to fund litigation without adequate evidentiary support; the respondent established sufficient need but not for the full amount sought and an interim distribution of $30,000 from the net proceeds was an appropriate, proportionate exercise of the court's discretion under s.89 to partially level the playing field while avoiding harm to the claimant's interest.

Source excerpt

• Interim distribution under s.89 fla
• Excluded property claim
• Line of credit
• Legal costs
• Balancing the litigation playing field

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L.K.M. v. T.G.T.

Court

Supreme Court of British Columbia

The court granted the claimant a $160,000 interim distribution of family property and dismissed the respondent’s matching request, finding his application would prejudice the claimant.

• Interim distribution under s.89 fla
• Relocation
• Child support and special expenses
• Lump sum spousal support claim
• Excluded property claim
• Dissipation

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Y.Q. v. J.D.

Court

Supreme Court of British Columbia

The court granted the claimant an interim distribution of $175,000 from family home sale proceeds to fund litigation under s. 89 of the Family Law Act.

• Interim distribution under s.89 fla
• Jurisdiction
• Financial disclosure
• Parenting time and contact
• Spousal support
• Costs

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Rong v. Tan

Court

Supreme Court of British Columbia

The court granted interim spousal support, limited document production orders, and an interim distribution of property funds, while dismissing one production request.

• Spousal support
• Interim distribution under s.89 fla
• Document production and disclosure
• Expert accounting and valuation
• Costs
• Spousal-support

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Karringten v. Morrisonn

Court

Supreme Court of British Columbia

The Master refused to let the respondent withdraw an admission on separation date, upheld interim spousal support, ordered sale of East 7th Avenue, and awarded the claimant an interim distribution.

• Withdrawal of judicial admission
• Date of separation
• Interim spousal support
• Imputation of income
• Sale of family property
• Interim distribution under s.89 fla

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Bown v. Badior

Court

Supreme Court of British Columbia

On an interim basis, the court ordered a $50,000 family property distribution and $1,200 monthly spousal support, but refused return of chattels.

• Interim distribution under s.89 fla
• Statute of limitations/separation date (s.198 fla)
• Cohabitation/separation determination
• Return of chattels
• Interim spousal support (ss.165, 216 fla)
• Interim-distribution

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MacFarlane v. Ponds

Court

Supreme Court of British Columbia

The court ordered a $50,000 interim family-property distribution to fund the claimant’s trial retainer, finding necessity, a reasonable prospect of success, and no enduring harm to the respondent.

• Interim distribution under s.89 fla
• Marriage-like relationship/entitlement
• Necessity and harm balancing
• Repayment of interim distributions
• Tax consequences of asset liquidation
• Family-law

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Y.L. v. G.L.

Court

Supreme Court of British Columbia

The court varied an interim family order, allowed sale of the Wilson Avenue property, ordered a $250,000 interim distribution, and cancelled the CPL.

• Interim distribution under s.89 fla
• Sale of matrimonial property under rule 15-8 scfr
• Cancellation of certificate of pending litigation (cpl) under ss.256-257 lta
• Variation of interim order under s.216 fla
• Child custody and residence
• Costs

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