The applicant brought a motion under the Partition Act seeking an interlocutory order for the sale of the matrimonial home prior to trial.
The respondent opposed the motion, asserting a claim for exclusive possession under the Family Law Act and arguing that a sale would prejudice her substantive property rights and disrupt the children's living arrangements.
The court considered the interaction between the Partition Act and the Family Law Act, noting that a sale should not proceed where it would prejudice a spouse’s rights under the family law regime.
Finding that the respondent had at least an arguable case for exclusive possession and that the children’s best interests and housing stability were significant considerations, the court concluded that there was a genuine issue for trial.
The court therefore declined to order the sale of the matrimonial home before trial.
