What is the test for an order under Rule 10-1 to preserve the status quo of property pending trial?
British Columbia, Canada
The following excerpt is from Astina Mortgages Group Ltd. v Galpin, 2019 BCSC 1811 (CanLII):
The test for granting an order under Rule 10-1 to preserve the status quo of property pending trial is similar to the test for granting a traditional interlocutory injunction: a) The applicant has a proprietary interest in the property at issue; b) The applicant would otherwise suffer irreparable harm; c) There is a serious issue to be tried; and d) The balance of convenience favours the granting of the injunction. McKnight v. Hutchison, 2011 BCSC 36 at paras. 145-6.
"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
Does a judge have jurisdiction to enter an entered order on an order for sale of a property made at trial? (British Columbia, Canada)
What is the submission of the Respondent on an interim order to order a primary parent to continue as the primary parent of the child pending trial? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
When one spouse excludes property that is real property, is that a spouse entitled to an undivided half interest in the increased value of the property? (British Columbia, Canada)
What is the test to apply to consider whether irregular or improper proceedings at trial should result in the ordering of a new trial? (British Columbia, Canada)
Is an interim order necessary to preserve the status quo in a family law proceeding? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
How have real property been valued at the date of trial rather than at trial? (British Columbia, Canada)
What is the test for an interlocutory application respecting the detention, preservation and recovery of property where that property was a pet dog? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
