How Do I Get An Interim Advance For Legal Fees? Our top rated Vancouver, BC and Calgary family lawyers help level the playing field in high net worth family law cases involving substantial support, lucrative family businesses and complex family property issues. Lorne N MacLean, QC has obtained two recent interim advances of $350,000 and $400,000. Here is MacLean’s summary of our latest victory for our client.
Our firm has 6 offices located in BC and Calgary Alberta. Call us toll-free at 1-877-602-9900 to get Lorne N. MacLean, QC on your side to create a level playing field in your family law case.
How Do I Get An Interim Advance For Legal Fees? The Law
In JWLP v AP the court ordered a $350,000 advance on family property capital for legal fees and Justice Milman reviewed the statutory authority and the case law interpreting it including other substantial interim advance for legal fees case wins MacLean Law has successfully obtained.
[151] The FLA provides:
Orders for interim distribution of property
89 If satisfied that it would not be harmful to the interests of a spouse and is necessary for a purpose listed below, the Supreme Court may make an order for an interim distribution of family property that is at issue under this Part to provide money to fund
(a) family dispute resolution,
(b) all or part of a proceeding under this Act, or
(c) the obtaining of information or evidence in support of family dispute resolution or an application to a court.
How Do I Get An Interim Advance For Legal Fees? Cases
In JWLP v AP the judge reviewed case law and the principles to be applied to ensure an interim advance on capital for legal fees is fair to both parties and to prevent injustice when one party has greater financial resources than the other.
[120] Ms. P. seeks an advance of $500,000 to fund her litigation costs.
[121] In D, Fitzpatrick J. ordered a $400,000 advance for litigation costs. She stated as follows ( at paras. 150-151 and 156):
[150] The Claimant is seeking an interim advance of $400,000 in order to fund this litigation. She has already expended more than $125,000 in this litigation. She has presented a draft bill of costs for a 30 day trial which references a total of $412,385 plus taxes (approximately $50,000).…
[156] In I.R., [I.F. v. R.J.R., 2015 BCSC 793] Ballance J. stated:
[192] The blunt purpose of s. 89 is to assist economically disadvantaged spouses to access justice in matrimonial disputes; it is meant to help level the litigation playing field that is so often skewed when one spouse controls all or the majority of the wealth and assets. Application of s. 89 calls for a purposive interpretation, where the need of the applicant spouse to receive an interim distribution and the potential entailing harm to the other spouse are evaluated contextually with an eye on the larger objectives endorsed by the FLA.
See also M.A.L. v. N.A.L., 2014 BCSC 203 at para. 15.
[122] In McKenny v. McKenny 2015 BCSC 1345, Fitch J. (as he then was), stated as follows (at paras. 56-59):
[56] With respect to the claim for an interim distribution of family property, the authority for such an order may be found in s. 89 of the FLA. This section provides that a court may make an order for an interim distribution of family property if satisfied that it would not be harmful to the interests of the spouse and is necessary to provide money to fund family dispute resolution, all or part of a proceeding under the Act, or to obtain information or evidence in support of a family dispute, resolution or application to a court.
[57] The claimant correctly notes that the order sought by the respondent is extraordinary in nature and must be assessed carefully. The test governing interim distribution of family property has two components:
1) The applicant must show an advance is required to mount a challenge to the other spouse’s position at trial; and
2) The applicant must show that the advance or payment on an interim distribution basis will not jeopardize the other spouse’s position at trial.
…
How Do I Get An Interim Advance For Legal Fees? MacLean Law Wins $350K
After reviewing the complexities of a multimillion-dollar business, capital gains taxes, the onus on the payor to prove a need to retain a pretax profit and Lorne N MacLean, QC’s astute analysis of a large capital dividend account which allowed monies to be paid out of the company tax free, the court ordered a substantial interim advance of $350,000.
[59] … I am satisfied that it is appropriate to make an interim distribution of family property in this case. The action is complex, particularly now since leave has been granted to file the second amended counterclaim. The distribution is necessary to permit the parties to advance their respective cases on a relatively level playing field.
[123] Mr. P. says the amount she seeks is excessive. He also argues that to provide her with such lavish funding will discourage Ms. P. from settling the case on reasonable terms.
[124] I am satisfied that an interim advance is appropriate here. Ms. P. should not be constrained to settle for want of funds when Mr. P. has no such constraint.
[125] I agree with Mr. P., however, that the $500,000 litigation budget that Ms. P. seeks is excessive for that purpose, as it contemplates:
a) Four days of chamber applications;
b) 24 hours of document review at $600 per hour;
c) Three days of discovery;
d) $50,000 for business valuations;
e) $4,800 for a trial management conference; and
f) Preparation for and conduct of a 30-day trial (ten days are currently set).
[126] I will order an advance of $350,000 for each party, to be paid from the Family Businesses.
How Do I Get An Interim Advance For Legal Fees? Call us Now!
Our How Do I Get An Interim Advance For Legal Fees? lawyers can help you obtain justice. Our How Do I Get An Interim Advance For Legal Fees? lawyers will also help you obtain the funds to hire experts and high net worth business and high net worth savvy lawyers like Lorne N MacLean, QC.
