What is the test for an application to obtain an advance in a family law case?
British Columbia, Canada
The following excerpt is from Chung v Harrison, 2018 BCSC 1258 (CanLII):
Section 89 requires that an applicant demonstrate that: a) an advance is necessary to mount a challenge to the other spouse’s position in the family dispute on a level playing field; and b) the advance will not jeopardize or be harmful to the other spouse’s interests. McKenny v. McKenny, 2015 BCSC 1345 at paras. 57–58.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the impact of past contemptuous conduct of the claimant on her application to obtain leave to prevent future contempt applications? (British Columbia, Canada)
Is there any case law where the requesting state does not rely upon impugned information obtained in Canada to establish a prima facie case? (British Columbia, Canada)
Is there any case law where an unsuccessful applicant for Rule 18A application for a summary judgment or cost of costs? (British Columbia, Canada)
What are some cases in which unequal contribution to family expenses and burdens made it significantly unfair to divide family property equally? (British Columbia, Canada)
What is the test for a party seeking to change the date on which to value family property or family debt under the Family Law Act? (British Columbia, Canada)
In a Workers’s Compensation Appeal Tribunal case, is there any case law that supports the argument that there is no case law in favour of a claim under the Employment Benefits Act? (British Columbia, Canada)
What is the standard of review applicable to discretionary decisions in family law cases? (British Columbia, Canada)
What is the test for obtaining an order for advance payments in a personal injury case? (British Columbia, Canada)
What is the test for cross-applications in a family business case? (British Columbia, Canada)
What is the test for an application to obtain an anonymization application? (British Columbia, Canada)
