The applicant brought an urgent motion for various relief, including exclusive possession and sale of the matrimonial home, prior to a case conference.
The court modernized the application of the Rosen test for urgency to account for contemporary realities, including court delays and the dynamics of coercive control and intimate partner violence.
Finding that the applicant faced dire financial circumstances, including imminent mortgage default and utility shut-offs, and recognizing the risks posed by the respondent's alleged coercive conduct, the court concluded the test for urgency was met and set a timetable for the motion.
