In paragraph 29 of Woodburn v. Woodburn, 2016 ONSC CarswellOnt 17658, Justice Emery summarized the principles applicable on a motion for payment of interim costs as follows: 1. The moving party must provide evidence to establish that, on the balance of probabilities, there is a prima facie case of sufficient merit to warrant pursuit; 2. The moving party must provide evidence that the interim payment of a specific amount of money for expenses to carry the case is necessary and the basis for the amount requested; 3. The moving party must demonstrate that she or he is incapable of funding the requested amounts. 4. The moving party must provide evidence that there are no resources available to fund the cost or that it would not be fair or reasonable to access resources for the litigation; 5. The court has discretion in special circumstances to level the playing field so that all parties have an equal and fair opportunity to engage the litigation process for a just determination of their issues.
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