What is the current state of the law on interim distribution?

British Columbia, Canada


The following excerpt is from B.J.D. v. J.A.D., 2011 BCSC 919 (CanLII):

The court has been fairly cautious about when it can make interim distribution orders. I have reviewed the relevant case law in chronological order to see if there has been some emerging trend over the years. In 1992, a twofold test for determining whether an interim payment from family assets could be made was articulated by Kirkpatrick J. in the oft-cited case of Jiwa v. Jiwa, [1992] B.C.J. No. 3024 (S.C.): 1. Is the advance required to mount a challenge to the other spouse's position at trial? 2. Will the advance or payment on an interim distribution basis jeopardize the other spouse's position at trial?

Other Questions


What is the current state of the law on interim interim arrangements? (British Columbia, Canada)
What is the test for making an order for an advance or interim distribution of an interim distribution? (British Columbia, Canada)
What is the current state of the law in Canada when a contract states that a particular law governs the contract? (British Columbia, Canada)
What is the current state of the law in Canada for non-Canadian citizens who are not citizens of the United States? (British Columbia, Canada)
What is the current state of the law in the United States in relation to disclosure to the Canadian authorities regarding Charter of Rights and Freedoms? (British Columbia, Canada)
What is the current state of the law on interim custody and access matters? (British Columbia, Canada)
What is the current state of the law on interim orders? (British Columbia, Canada)
What is the current state of the law on engagement rings? (British Columbia, Canada)
What is the current state of the law regarding wills variation claims? (British Columbia, Canada)
What is the current state of the law on loss of earning capacity when assessing capital asset versus earnings? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.