What is the test for obtaining interim disbursements in a personal injury case?
Ontario, Canada
The following excerpt is from Benzeroual v Issa and Farag, 2017 ONSC 3655 (CanLII):
The party seeking interim disbursements should also be able to satisfy the court that despite reasonable steps to finance the litigation, they are still unable to proceed without advance funds. Turk v. Turk (supra).
An award of interim disbursements pursuant to Rule 24(12) is not a predetermination of costs. The order is not intended to be a licence to litigate. Both parties should remain equally wary about the potential of a costs order against them. Rea v. Rea (supra).
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