What are the prerequisites to be shown for interim funding?
Alberta, Canada
The following excerpt is from Saunders v. EcoTemp International Inc., 2007 ABQB 136 (CanLII):
There are at least two lines of authority on the prerequisites to be shown for interim funding. Rosenberg, J. in Wilson v. Conley (1990), 46 C.P.C. (2d) 85 required:– (a) that the applicant be in financial difficulty; (b) that the financial difficulty, somehow, could be said to arise out of the alleged oppressive actions of the respondents; and (c) that the applicant’s case could be said to be a strong prima facie case.
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