The mother (Respondent) brought a motion for disbursement of proceeds from the sale of the matrimonial home (Hanlon property), seeking to apply them to various debts, including a second mortgage on her current residence.
The father (Applicant) brought a cross-motion seeking distribution of the Hanlon proceeds according to a marriage contract, distribution of proceeds from another jointly owned property (Tremblant), and an adjustment to child support.
The court upheld the validity of the marriage contract, found the father had frustrated the sale of the Hanlon property, and largely granted the mother's requests for immediate disbursement of the Hanlon proceeds, including payment of outstanding child support and section 7 expenses from the father's share.
The father's child support claim was dismissed due to insufficient disclosure, and his request for distribution of the Tremblant property proceeds was dismissed without prejudice to be argued at trial.
