What is the test for interim disbursements?

A number of criterion are considered in determining whether interim disbursements should be granted. These are set out by Justice Rogers in Stuart v. Stuart, and include: a. Discretion should be exercised to ensure all parties can equally provide or test disclosure, make or consider offers or possibly go to trial; b. The award should be made to level the playing field; c. The claim being advanced must be meritorious as far as can be determined on the balance of probabilities at the time of the request for disbursements; d. Certainly, the proof of necessity of interim disbursement would be critical to the successful claim. The claimant must clearly demonstrate that the disbursements are necessary and responsible given the needs of the case and the funds available. In particular, if an expert is the subject of a requested disbursement, the claimant must demonstrate there is a clear need for the services of said expert; and e. The claimant must demonstrate that he or she is incapable of funding the requested amounts: Stuart v. Stuart, supra, at para.’s 8 to 14.