The applicant sought the court's direction on whether she properly exercised her right under a separation and trust agreement to purchase the trust's 50% interest in the matrimonial home.
The applicant relied on an appraisal valuing the home at $700,000, while the property subsequently sold to a developer for $1.35 million.
The court ruled in favour of the respondent trustee, finding that the actual sale price was the best indicator of fair market value and that the trustee acted properly to maximize the trust's interest.