Canada:
Obtaining An Interim Advance On Legal Fees Under The Family Law Act
12 December 2018
Clark Wilson LLP
To print this article, all you need is to be registered or login on Mondaq.com.
In a recent BC Supreme Court case, Zhang v. Fan, 2018 BCSC
2162, Clark Wilson LLP successfully obtained a $350,000
interim advance for legal fees on behalf of its client.
Mr. Justice Affleck provides a succinct analysis of s. 89 of the
Family Law Act, which allows a financially disadvantaged spouse the
ability to "level the playing field", and obtain an
interim distribution of family property to advance their claims,
and seek a fair result.
This is among one of the few high water mark cases in BC for a
substantial interim advance on legal fees under the Family Law
Act.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Family and Matrimonial from Canada
This Month In Family Law – December 2021
Cox & Palmer
The parents separated in 2012, after which the mother left Alberta to return to Prince Edward Island. At that time, the father was unaware that the mother was pregnant with their child.
An Unsigned Will Can Be Declared Valid By B.C. Courts
Lawson Lundell LLP
In November 2023, a justice of the B.C. Supreme Court made an order declaring that an unsigned will was valid despite it not being signed as it was found to represent the deceased's testamentary intentions.