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

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.