Canada Case Law

Cabalona v. Turney

Court

Supreme Court of British Columbia

The Family Law Act applies; on a s.89 assessment the court found both parties economically needy but Turney more disadvantaged (incapacity, low fixed income, cannot self-represent) and that a further large interim distribution to the claimant would likely harm Turney's interests given the disputed cohabitation agreement and prior $200,000 distribution; balancing necessity and potential harm, the court exercised its discretion to grant a limited interim distribution of $50,000 to Turney for future legal fees and disbursements only, and denied the claimant's application for a second interim dis…

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• Interim distribution
• Family law act s.89
• Cohabitation agreement enforceability
• Litigation funding
• Capacity and committee proceedings
• Consent orders

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Estey v. Attorney General (Nova Scotia)

Court

Supreme Court of Nova Scotia

The court approved the Settlement because, on balance, it fell within the zone of reasonableness: it is a substantial monetary recovery ($32–$34 million), negotiated at arm's length by experienced counsel with a strong factual basis and disclosure, it mitigates trial risks (including s.15/s.1 justificatory defences and lengthy individualized assessments), provides a low-barrier, accessible and confidential claims process tailored to vulnerable claimants, produced no objections after broad notice, and includes appropriate arrangements for fees, honorarium, claims administration and the approve…

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• S.15(1) charter discrimination
• Settlement approval
• Claims administration
• Contingency fees
• Litigation funding
• Social assistance eligibility

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Zhang v. Zheng

Court

Supreme Court of British Columbia

The court granted a $400,000 interim litigation advance under s. 89 of the Family Law Act, finding economic disadvantage, sufficient merit, and no harm to respondents.

• Interim distribution
• S.89 family law act
• Litigation funding
• Resulting trust
• Presumption of title
• Economic disadvantage

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Lam v. Law

Court

Supreme Court of British Columbia

The court granted Ms. Lam an interim family-property distribution of $460,000 under s. 89 of the Family Law Act to pay outstanding legal fees after a trial adjournment.

• Interim distribution under family law act s.89
• Family property
• Litigation funding
• Trustee interests
• Spousal support
• Family-law

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IMH 415 & 435 Michigan Apartments Ltd. v. Unique Restoration Ltd.

Court

Supreme Court of British Columbia

The court dismissed a late application for security for costs against an insolvent defendant by counterclaim, finding the delay and likely prejudice outweighed the request.

• Security for costs
• Litigation funding
• Insolvency proposal
• Set off
• Delay in bringing applications
• Security-for-costs

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Dadwal v. Parmar

Court

Supreme Court of British Columbia

The court refused to reopen the hearing for fresh evidence, granted Ms. Dadwal a reduced interim distribution of $150,000, and denied the Trustee’s application.

• Interim distribution
• Section 89 family law act
• Reopening for fresh/new evidence
• Trustee in bankruptcy
• Litigation funding
• Charges and liens

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Karringten v. Morrisonn

Court

Supreme Court of British Columbia

The court granted each party $250,000 from trust funds as an interim distribution under s. 89 of the Family Law Act to fund the family law trial.

• Interim distribution
• Family law act s.89
• Litigation funding
• Economic disadvantage
• Litigation guardian
• Spousal support

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

Court

Supreme Court of British Columbia

The court refused to fund an appeal of a separate civil tort case under s. 89 FLA, but allowed a further interim advance for the family case secured against the B Residence.

• Interim distribution
• Litigation funding
• Appeal funding (civil)
• Excluded property
• Security for advances
• Costs

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1057863 B.C. Ltd. (Re)

Court

Supreme Court of British Columbia

En insolvencia CCAA de Northern Pulp, el tribunal prorrogó la suspensión hasta el 30 de abril de 2022, aprobó ajustes al financiamiento interino y autorizó hasta $450,000 para litigio.

• Stay extension
• Interim financing
• Litigation funding
• Environmental assessment
• Limitation period
• Ccaa

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Galloway v. A.B.

Court

Supreme Court of British Columbia

The court considered multiple document-production applications in a defamation action and limited disclosure to matters directly relevant to PPPA dismissal applications.

• Anti‑slapp
• Protection of public participation act
• Disclosure scope
• Privilege (solicitor‑client and wigmore)
• Limitation period
• Responsible communication

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