What is the test for approval of an interim payment pending the hearing of a WVA claim?

British Columbia, Canada

The following excerpt is from Henney v. Sander, 2014 BCSC 889 (CanLII):

The settling parties also rely on Grant v. Grant Estate, 1997 CarswellBC 1629 in support of the court’s jurisdiction to approve an interim payment pending the hearing of a WVA claim. While the court has the jurisdiction to approve such payments, the question in each case is whether the particular circumstances warrant the exercise of that jurisdiction.

Other Questions

Can an Executor of an Estate make interim payments to beneficiaries of a will, notwithstanding a pending claim for variation of the will? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Does the parol evidence rule apply to a payment agreement where the payment agreement states that no refunds should be made unless the payment policy is less than one month's notice? (British Columbia, Canada)
What is the test for determining interim support at a spouse's interim support hearing? (British Columbia, Canada)
What is the process for hearing a personal injury claim at the BC SPCA? (British Columbia, Canada)
In a personal injury claim for housekeeping services provided by a close friend, does the claim need to be reviewed carefully? (British Columbia, Canada)
What is the test for making interim payments from family assets? (British Columbia, Canada)
What is the difference between moral claims and moral claims? (British Columbia, Canada)
Is there any argument to exclude certain assets from the class of family assets in a claim for interim distribution? (British Columbia, Canada)
Can a personal representative of the deceased's estate make a claim under s. 151(3) of the BC Supreme Court of Justice for personal representative leave to continue to pursue his claim? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.