The court has been fairly cautious about when it can make interim distribution orders. I have reviewed the relevant case law in chronological order to see if there has been some emerging trend over the years. In 1992, a twofold test for determining whether an interim payment from family assets could be made was articulated by Kirkpatrick J. in the oft-cited case of Jiwa v. Jiwa, [1992] B.C.J. No. 3024 (S.C.): 1. Is the advance required to mount a challenge to the other spouse's position at trial? 2. Will the advance or payment on an interim distribution basis jeopardize the other spouse's position at trial?
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