Bobbi M. Olsen

The applicant brought a motion for the sale of the jointly owned matrimonial home, severance of the divorce, and related relief.

The respondent, who was incarcerated in Florida awaiting trial for assaulting the applicant, sought an adjournment due to communication difficulties with his counsel.

The court dismissed the adjournment request to avoid prejudicing the applicant's pending condominium purchase.

Applying the Partition Act, the court granted the order for sale, finding no evidence that the sale would prejudice the respondent's equalization payment.

The court ordered 50% of the net proceeds to be released to the applicant and the remaining 50% to be held in trust.

The motion to sever the divorce was dismissed without prejudice, and no costs were ordered.

The applicant brought a motion to strike the respondent's pleadings for failing to comply with a prior court order requiring him to pay costs and child support.

The respondent, a self-represented family lawyer, claimed his bank accounts were frozen by the Canada Revenue Agency but had not brought a motion to vary the order.

The court granted the motion, struck the respondent's pleadings, issued a support deduction order, and unsealed the court file.