The applicant wife brought a motion for exclusive possession of the matrimonial home and to stay the respondent husband's pleadings due to his failure to pay prior costs awards and his share of a custody assessment retainer.
The court found that the parties' continued cohabitation was a 'warzone' contrary to the child's best interests and that the husband had the ability to find alternative accommodation.
The court ordered the husband to vacate the home forthwith, granted the wife exclusive possession, and stayed the husband's pleadings until he cured his financial defaults.