Jean Auberto Juste

This decision addresses two motions in a family law context.

The applicant sought an order for the partition and sale of the matrimonial home and exclusive possession to prepare for the sale.

The respondent filed a counter-motion seeking to establish the date of separation, a timeline for equalization of net family property, and court directives on the impact of prior separations on pension division and equalization.

The court granted the applicant's motion for partition and sale of the matrimonial home, finding no malicious, vexatious, or oppressive conduct by the applicant and that the sale would not prejudice the respondent's equalization interests, with a portion of proceeds to be held in trust.

However, the court denied the applicant's request for exclusive possession, noting it is an exceptional remedy not warranted at this stage.

The respondent's counter-motion regarding the separation date and equalization directives was dismissed, as these issues require a full evidentiary record at trial.

The court also declined to set a timeline for equalization but encouraged alternative dispute resolution.

The respondent was reminded to comply with a prior child support order.

The applicant mother brought a motion to vary an interim custody and access order concerning the parties’ young child, arguing that a recent parenting assessment constituted a material change in circumstances.

The expert report raised concerns that the father’s conduct toward the child, including involving the child in parental conflict and making alarming statements, risked emotional harm and suggested emerging parental alienation.

The father challenged the report and obtained a separate psychosocial evaluation based primarily on his own account.

The court accepted the parenting assessment as the only objective expert evidence and found a material change in circumstances.

Custody was granted to the mother with the father’s access supervised pending further proceedings.