VLN v SRN, 2019 ABQB 849


12.36: Advance payment of costs

Case Summary

VLN sought an Order under Rule 12.36 for advance Costs from her ex-husband so that she could continue in the divorce proceedings between the parties. VLN had been a stay-at-home mother during the marriage and had only worked part-time following the separation. VLN was also the primary caregiver for the remaining child of the marriage. VLN’s legal Costs had already totaled over $100,000.

The Court noted that the test under Rule 12.36 requires that each Applicant file an Affidavit which evidences that they do not have sufficient resources to pay for their part of the litigation. The Court found that there was no requirement to show that the Applicant’s position had merit, but that if there was such a requirement, the very existence of a matrimonial property dispute showed sufficient merit to award advance Costs under Rule 12.36. The Court awarded VLN $60,000 in advance Costs to proceed to Trial as she evidenced a demonstrated need.

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