Jennifer Jolly

In a family law application that had been outstanding for five years, the self-represented party refused to participate in the trial without counsel, citing medical issues and stress.

The moving party brought a motion for the appointment of an amicus curiae to assist the court and ensure the trial could proceed.

Applying the principles from Morwald-Benevides, the court found that the self-represented party was hopelessly incompetent to self-represent and that the assistance of an amicus was essential to the adequate discharge of the judicial function.

The motion was granted, and Legal Aid Ontario was directed to provide a list of lawyers willing to act as amicus.

In a family law motion concerning the distribution of proceeds from the sale of a jointly owned matrimonial home, the responding party sought an order releasing the proceeds equally to facilitate the closing of a new home purchase.

The opposing party requested release of his share together with the full equalization payment he calculated was owed.

The court held that a motion judge lacked authority on the present motion to determine the amount of the equalization payment or the method by which it should be paid.

To preserve the parties’ positions pending trial, the court ordered that one-half of the net proceeds be released to the opposing party, $65,000 be held in trust in an interest-bearing account to the credit of the action, and the remaining balance be released to the moving party.