How have funds derived from a trust in 1998 been ordinarily used for a family purpose?
British Columbia, Canada
The following excerpt is from D.W.F.I. v. L.G.I., 2004 BCSC 1477 (CanLII):
I have concluded that the funds derived from the trust in 1998 were ordinarily used for a family purpose because they were used to cover shortfalls in the parties’ spending on a regular basis. In my opinion, this use was intended to provide a measure of financial security and protection against erosion of their income, and was therefore sufficient to constitute a “present ordinary use for a family purpose”: Mitchell v. Mitchell, 2002 BCCA 327 at ¶ 20.
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