The respondents (husband and his parents) sought the release of net proceeds from the sale of a property, which were held in trust under a preservation order.
They initially sought summary judgment on property ownership.
The applicant (wife) opposed, arguing the funds should remain in trust to secure a potential equalization payment.
The court declined summary judgment, finding a genuine issue for trial regarding property ownership.
Applying the test for preservation orders under section 12 of the Family Law Act, the court found a strong likelihood of an equalization payment owed by the husband and concerns about asset dissipation.
The court ordered the proceeds to remain in trust, concluding that the respondents would not suffer irreparable harm.