The applicant sought release of her share of proceeds from a jointly-owned property to close a condominium purchase and pay legal fees.
The primary respondent sought preservation of these funds as security for equalization claims.
A third-party respondent sought security for costs against the applicant for a trust claim.
The court ordered a partial release of funds for the condominium closing, with the remaining proceeds and a portion of the condominium's future sale proceeds to be held in trust as security for the primary respondent's equalization claims and the third-party respondent's potential costs.
The court found the trust claim against the third-party was not frivolous enough to warrant security for costs in the amount sought, but ordered a smaller amount to be held as security from the condo sale.