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The court ordered the unconditional release of matrimonial home sale proceeds to the applicant, finding no jurisdiction to impose conditions based on the children's future financial security.
The applicant sought the release of $2,750,000 from her share of the net proceeds of sale of the matrimonial home.
The respondent brought a cross-motion, agreeing to release $500,000 to the applicant and $100,000 to himself, but sought to impose a condition that a further $2,000,000 be released to the applicant only upon her entering into an agreement to purchase a home in Toronto, citing concerns about her financial management and the children's future housing.
The court found no legal basis to impose such conditions on the applicant's share of property proceeds, distinguishing it from child support cases where such interference is rare and only in exceptional circumstances.
The court granted the applicant's motion for the release of funds without preconditions and denied the respondent's cross-motion.
