The applicant brought a motion seeking the release of her remaining share of the proceeds of sale of the matrimonial home, an advance equalization payment of $250,000 from the respondent's share, and retroactive section 7 expenses.
The court granted the release of the applicant's share of the proceeds, finding no basis to preserve the funds under section 12 of the Family Law Act.
However, the court dismissed the request for an advance equalization payment, concluding there was insufficient certainty that the applicant would ultimately be entitled to an equalization payment of at least $250,000.
The claim for retroactive section 7 expenses was also dismissed as premature due to unresolved factual issues.