The applicant mother brought a motion for $30,000 in interim disbursements under Rule 24(12) of the Family Law Rules to fund a critique of the respondent father's income valuation and further litigation steps regarding child support.
The court applied the modified Okanagan test for family law cases.
While finding the applicant impecunious and that an award would level the playing field, the court dismissed the motion without prejudice because the applicant failed to establish a prima facie case that the respondent's income was higher than disclosed, and failed to provide evidence detailing how the requested funds would be utilized.
