Is there any argument to exclude certain assets from the class of family assets in a claim for interim distribution?
British Columbia, Canada
The following excerpt is from K.K.H. v. A.S.H., 2006 BCSC 1853 (CanLII):
That is certainly not an automatic conclusion to be reached on the facts before me. There may well be argument to exclude certain of the assets from the class of family assets or to significantly reapportion the plaintiff’s interest in such assets downwards. Mr. Justice Brenner (as he then was) dealt with a question of interim distribution in the case of Lede v. Lede, [1994] B.C.J. No. 3110. Addressing the issue, at ¶ 9 he says: Whether or not this court has the requisite jurisdiction, it is clear that a necessary pre-condition prior to any such payment is that the applicant must satisfy the court that the payment will not jeopardize the other party's position.
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