“In his Reasons, Faieta, J. set out that the test for an advance equalization payment, has been identified as the Zagdanski factors, arising from the decision of Zagdanski v. Zagdanksi, (2001), 2001 CanLII 27981 (ON SC), 55 O.R. (3d) 6 (Ont. S.C.J.) where a partial equalization payment was advanced. The Zagdanski factors are:
a) There is little or no realistic chance that the amount of the contemplated advance will exceed the ultimate equalization amount;
b) There will, therefore, be some considerable degree of certainty about the right to, and likely minimum amount of an equalization payment;
c) There will be need, not necessarily in the sense of poverty, but a reasonable requirement for funds in advance of the final resolution of the equalization issue, including funds to enable the continued prosecution or defence of the action;
d) There may be other circumstances such that fairness requires some relief for the applicant: frequently, but not necessarily, there will have been den in the action, deliberate or otherwise, prejudicing the applicant by, for example, running of the cost.”
Eskandari v. Rowshani-Zafaranloo, 2021 ONSC 6083 (CanLII) at 30