What is the test for interim disbursements in a family law case?

Ontario, Canada


The following excerpt is from Malette v. Malette, 2019 ONSC 3448 (CanLII):

In the leading case in the Family Law context, Stuart v. Stuart, the court delineated a three part test for interim disbursements: 1. The claimant must clearly demonstrate that the disbursements are necessary and reasonable given the needs of the case and the funds available; 2. The claimant must demonstrate that he or she is incapable of funding the requested amounts; 3. The claim or claims being advanced in the case must be meritorious as far as can be determined on the balance of probabilities at the time of the requests for disbursements.

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