Property Preservation in Family Law

Section 12 of the Family Law Act empowers the court to issue Preservation Orders, which serve to restrict the depletion of a spouse's property and ensure its safekeeping. The purpose of these orders, as confirmed in Bronfman v. Bronfman, is to guarantee sufficient assets for an equalization payment once the amount is determined. The court, however, must balance three factors when considering such an order: the relative strength of the plaintiff's case, the balance of convenience, and the potential for irreparable harm.