What is the test for making an order for an advance or interim distribution of an interim distribution?
British Columbia, Canada
The following excerpt is from Cao v Chen, 2018 BCSC 831 (CanLII):
The parties agree that the court has the jurisdiction to make the order and that the test as set out in Jiwa v. Jiwa, [1992] B.C.J. No. 3024 at para. 8 (S.C.) is a twofold one that asks: a) Is the advance required to mount a challenge to the other spouse’s position at trial? b) Will an advance or a payment of an interim distribution jeopardize the other spouse’s position at the trial?
"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 the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
Can a court make an interim order to vary a custody order? (British Columbia, Canada)
Can a defendant make an application for a summary determination of the litigation immediately upon being advised of the making of an interim order? (British Columbia, Canada)
Does a spouse's failure to make an interim application for retroactive child and spousal support carry more weight than they would have if they were seeking interim support? (British Columbia, Canada)
What factors will the court consider when ordering a table amount for the purposes of an interim order? (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)
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)
What is the test for making interim distribution of property? (British Columbia, Canada)
What is the legal framework governing interim applications for an interim order? (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)
