Beth Marshall

The moving party plaintiffs brought a motion to extend the time for service of a new expert appraisal report and for leave to amend their statement of claim to increase the damages claimed, arising from a failed real estate transaction.

The original appraisal experts had retired and were unable to testify, necessitating a replacement report.

The court found a reasonable explanation for the late service, no uncompensatable prejudice to the responding defendants, and no undue trial delay given the trial was set 11 months away.

Leave to serve the replacement appraisal was granted, as was the amendment to increase the quantum of damages claimed from $75,000 to $125,000, with costs thrown away to be quantified by the trial judge.

The applicant spouse brought a motion seeking an order authorizing the sale of the matrimonial home and dispensing with the respondent spouse’s consent to documents necessary to effect the sale.

The parties’ separation agreement required the property to be listed and sold within one year, but the respondent refused to cooperate and stated he would not sell the property.

The court found the respondent was unreasonably withholding consent within the meaning of s. 23(b)(iii) of the Family Law Act and had failed to file responding material or comply with prior orders.

The court authorized the applicant to list and sell the property through a specified real estate agent, dispensed with the respondent’s spousal consent to sale documents, and ordered preservation of the property pending sale.

Costs were awarded to the applicant.