The appellant sought to vary a trial judge's order regarding the sale of a matrimonial home, specifically challenging the respondent's right to purchase the home after a fair market value assessment.
The Court of Appeal for Ontario allowed the appeal, ruling that a right of first refusal, in the absence of consent, distorts the market and should not have been granted.
The court vacated the impugned section of the order and directed the immediate listing of the matrimonial home for sale.
