The appellant appealed a motion judge's order for the partition and sale of the jointly owned matrimonial home pending trial.
The parties had been separated since 2011, and the appellant had resided in the home since then, wishing to purchase the respondent's interest.
The Divisional Court dismissed the appeal, finding no error in the motion judge's application of the Partition Act.
The court held that the appellant failed to demonstrate that a pre-trial sale would prejudice his equalization claims or his ability to bid on the property in the open market.
