Is a lump sum payment subject to the same restriction as a periodic payment?
Alberta, Canada
The following excerpt is from E.A.Z. v. E.Z., 1982 ABCA 310 (CanLII):
A lump sum payment is subject to the same restriction as a periodic payment. Mr. Justice Martland in Van Zyderveld v. Van Zyderveld 1976 CanLII 169 (SCC), [1976] 4 W.W.R. at 734, after referring to Nash v. Nash 1974 CanLII 22 (SCC), [1975] 2 S.C.R. 507, said at p. 739: “That case decided that s. 11(1) of the Divorce Act did not permit an order for payment of periodic sums and, concurrently, an order to provide security for their payment, without directing that the periodic payments be paid out of the security. Similarily, on the reasoning of that case, it would appear to me that the court cannot order payment of a lump sum and also direct the provision of security for its payment.”
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