On an uncontested family law motion, the court authorized the applicant to complete the sale of the matrimonial home without the respondent's cooperation where there was a real risk the respondent would refuse to sign closing documents and the sale was imminent.
The court also ordered partial release of sale proceeds, with funds to each side and the balance held in trust, pending equalization and in light of the respondent's failure to provide financial disclosure.
Applying the best interests analysis under s. 16 of the Divorce Act, the court made a temporary without prejudice order that the children's primary residence be with the applicant.
The applicant was awarded all-inclusive costs of $10,000, set off against the amount otherwise releasable to the respondent.
