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A McCain Foods heiress suffered another defeat in court after a judge ruled that she would have to pay for her estranged husband’s lawyers in their ongoing separation battle.

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Justice Carolyn J. Horkins ordered Eleanor McCain to pay Jeff Melanson $125,000 after he said he was broke, could no longer afford to pay his lawyers and would be priced out of the case by McCain’s exorbitant wealth.

The payments will have to be made by Feb. 24 and will act as a credit against the pair’s $5 million marriage contract that McCain is seeking to tear up.

Horkins rejected arguments made by McCain’s lawyers, who tried to use Melanson’s credit card and banking statements to prove that he had another hidden source of income. Melanson, a former Toronto Symphony Orchestra CEO, has a spent six months travelling across North America after losing his job and incurred more than $53,000 in credit card bills while doing so.

“To draw such a conclusion would require a forensic evaluation,” Horkins wrote in a decision released on Wednesday. “It is clear that he cannot afford to pay his legal fees.”