Erin Lindsay Booth

The applicant father brought a motion for partition and sale of the matrimonial home, while the respondent mother brought a cross-motion for exclusive possession and interim child support (the latter adjourned by consent).

The court granted the applicant's motion for partition and sale, finding no basis for the respondent's claim for exclusive possession.

The court considered the financial positions of both parties, the history of alleged violence, and the best interests of the children, concluding that the respondent failed to provide sufficient evidence to deny the partition and sale, particularly regarding the impact on her home daycare business or the children's schooling.

Conditions were imposed on the sale to minimize disruption.

The respondent sought to relocate with the parties' child from Ontario to Calgary, Alberta to be with her fiancé who had employment there.

The applicant opposed the relocation.

The court found that while a material change in circumstances existed (the fiancé's inability to find employment in Ontario), the relocation would not be in the child's best interests.

The child had strong, meaningful relationships with both parents, extended family, and friends in Ontario.

The proposed move would significantly curtail contact with the access parent and disrupt the child's established life.

The court dismissed the motion to change.