In what circumstances will a husband be able to provide a substantial amount of cash to his wife pursuant to a restraining order?
Ontario, Canada
The following excerpt is from Emmerson v. Emmerson, 2012 ONSC 3086 (CanLII):
In Gold v. Gold 2009 O.J. No. 4000 Mesbur J. provided this cautionary note when the wife was seeking a substantial amount of money pursuant to such an order. As Mesbur J. said at para. 45: To make an order at the level the wife seeks would do more than level the playing field; it would give the wife carte blanche for the trial. Not only that, the husband has no ability to come up with a payment of this magnitude without significantly liquidating assets. That said, without some assistance from the husband, the wife, will have no ability to proceed to trial; that would cause significant injustice for both her and the children.
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