E.E. Mazinani

The applicant brought a motion for temporary spousal support, the sale of the matrimonial home, and the release of funds.

The parties consented to the sale of the home and the release of certain funds.

On the contested issue of temporary spousal support, the court found that the applicant, who earns $157,000 annually and recently completed her Ph.D., did not establish a prima facie case for either compensatory or non-compensatory support.

The motion for temporary spousal support was dismissed.

The applicant brought a motion to enforce a written offer to settle made by the respondent.

During a settlement meeting, the respondent orally stated the offer was 'no longer on the table', but the applicant subsequently accepted the offer in writing before the respondent withdrew it in writing.

The court held that under the Family Law Rules and contract law, an oral pronouncement cannot displace a written offer to settle.

The court found no clear injustice in enforcing the settlement and ordered that the offer to settle is enforceable.