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).

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