What is the current state of the law on interim disbursements in a family law case?

Ontario, Canada


The following excerpt is from Benzeroual v Issa and Farag, 2017 ONSC 3655 (CanLII):

Similarly, while some of the earlier case law considered the ability of the claimant to repay the funds in the event that their case fails, this does not appear to be a consideration which currently receives much favour. The purpose of much of our family law legislation is to address economic disadvantage. It would be illogical to require the disadvantaged party to prove they’ve got enough money to repay any advance on disbursements. If they had such resources, they likely wouldn’t be seeking interim disbursements in the first place. Romanelli v. Romanelli (supra).

Other Questions


What are the implications of a family law case law review of the applicable provisions and case law principles for costs in family law? (Ontario, Canada)
What is the test for interim disbursements in a family law case? (Ontario, Canada)
What is the case law on interim disbursements as well as rule 24(12) of the Family Law Rules? (Ontario, Canada)
Can a court order the payment of interim fees and disbursements in a family law case? (Ontario, Canada)
What is the current state of the law on disclosure in a family law case? (Ontario, Canada)
Is there any case law or case law that states that parties are not aware of the effect of the case on the other side? (Ontario, Canada)
What is the current state of the law on the issue of costs in family law cases? (Ontario, Canada)
What is the current state of the law on the basis of onus of criminal liability in a civil case? (Ontario, Canada)
What is the current state of the law on disclosure in family law? (Ontario, Canada)
What is the test for obtaining interim disbursements in a personal injury case? (Ontario, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.