The respondent moved for the sale of the matrimonial home, which the parties owned as joint tenants.
The applicant resisted the sale and sought exclusive possession, arguing that the sale would breach a prior court order and prejudice her equalization claim.
The court dismissed the applicant's arguments, finding that the prior order did not indefinitely bar the sale motion and that holding proceeds in trust mitigated any risk to equalization.
The court also determined the applicant could find alternative housing despite her less favorable financial position compared to the respondent.
The motion for sale was granted, and the applicant was ordered to pay costs.
