What is the test for obtaining an interim order under section 12 of the Rules of Civil Procedure?

Ontario, Canada


The following excerpt is from Davis v. Tangredi, 2006 CanLII 44269 (ON SC):

In the case of Bronfman v. Bronfman (2000), 2000 CanLII 22710 (ON SC), 51 O.R. (3d) 336 (Ont. S.C.J.), Justice Sachs conducts a helpful review of the applicable law. The purpose of section 12 is to ensure that there are sufficient assets available to satisfy an equalization payment. An order under that section is akin to an interlocutory injunction. Of the three factors that apply to the granting of an injunction – the relative strength of the plaintiff’s case; the balance of convenience; and irreparable harm – the first two factors are relevant to obtaining an order under section 12. The court will want to consider both the likelihood that the petitioner will receive an equalization payment and the effect of granting or not granting the order on the parties. Also relevant to the exercise is an assessment of the risk of dissipation of the assets in question.

Other Questions


Can a judge acting under section 37 of the Rules of Civil Procedure make an order under the same section of the Order? (Ontario, Canada)
Can a court vary an interim order under section 37 of the Rules of Civil Procedure? (Ontario, Canada)
Does the applicant need to refer to section 834 of the Rules of Civil Procedure and Procedure in the context of Section 834(1) of the Criminal Code? (Ontario, Canada)
Can a plaintiff bring an interlocutory order for the return of personal property under Rule 44 of the Rules of Civil Procedure? (Ontario, Canada)
What is the test for making an Order under Rule 33 of the Rules of Civil Procedure? (Ontario, Canada)
What steps have been taken in a civil action under Rule 1(8) of the Rules of Civil Procedure? (Ontario, Canada)
What is the test for a court to vary an order under Section 29 of the Rules of Civil Procedure? (Ontario, Canada)
Is Rule 14(23) of the Rules of Civil Procedure requiring a party to comply with costs orders? (Ontario, Canada)
Can the court use the application procedure under rule 14.05(h) of the Rules of Civil Procedure to determine whether there will be any material facts in dispute? (Ontario, Canada)
In what circumstances will a judge order an order under Rule 31.03(2) of the Rules 31.10(1) and Rule 30.10? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.