What is the test for making interim payments from family assets?
British Columbia, Canada
The following excerpt is from Prystay v. Prystay, 2006 BCSC 495 (CanLII):
The test for determining whether an interim payment from family assets should be made was set out by Kirkpatrick J. (as she then was), in Jiwa v. Jiwa, [1992] B.C.J. No. 3024 (QL) (S.C.). It is a two-fold test: (1) Is the advance required to mount a challenge to the other spouse’s position at trial? (2) Will the advance or the payment on an interim distribution basis jeopardize the other spouse’s position at trial?
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