Debora A. Lyons-Batstone

Following a prior endorsement directing the sale of the matrimonial home and addressing disclosure issues, the court considered written submissions on costs.

The applicant, having been more successful on the motions, sought $2,500 in costs payable from a joint account.

The respondent argued for no costs or costs in the cause.

The court awarded the applicant $2,500 in costs, finding the amount reasonable, but directed that it be paid from the net proceeds of the matrimonial home sale rather than the joint account due to outstanding disclosure.

The applicant brought a motion for the sale of the former matrimonial home, while the respondent brought a cross-motion to transfer the proceeding to Simcoe County and for financial disclosure.

The court adjourned the transfer request as premature and ordered both parties to comply with prior disclosure consents.

Finding that the parties owned the home as tenants in common, the court granted the applicant's motion for sale, noting his prima facie right to partition or sale under the Partition Act and the absence of evidence showing malicious conduct or jeopardy to the respondent.