June 9, 2025 – Advance Against Equalization

“Although not specifically provided for in the Family Law Act, R.S.O. 1990, c. F.3, this court has jurisdiction to award an advance against equalization:  Zagdanski v. Zagdanski, 2001 CanLII 27981, at paras. 22-38.

Before such an advance is ordered, I should consider the following:

a.   Whether there is little or no realistic chance that the amount of the contemplated advance will exceed the ultimate equalization amount;

b.   Whether there is some considerable degree of certainty about the right to, and likely minimum amount of, an equalization payment;

c.   Whether there is a reasonable requirement for the funds in advance of the final resolution of the equalization issue, including funds to enable the continued prosecution or defence of the action; and

d.   Whether there are other circumstances such that fairness requires some relief for the moving party, such as a delay in the action, deliberate or not, prejudicing the moving party by, for example, running of their costs.

See Zagdanski, at para. 39; Firestone v. Pfaff, 2012 ONSC 4909, at para. 24.”

Parente v Parente, 2023 ONSC 3502 (CanLII) at 10-11

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