Jerald MacKenzie

The applicant mother and respondent father both brought motions for temporary custody of their two children and exclusive possession of the matrimonial home.

The mother alleged the father had a severe alcohol abuse problem, supported by bank records showing extensive alcohol purchases and contemporaneous text messages from the father's sister.

The court found the father's alcohol consumption posed a risk to the children and granted the mother primary care, with the father restricted to supervised day access.

The court also granted the mother exclusive possession of the matrimonial home, prioritizing the children's best interests and need for stability.

The applicant brought motions to enforce a final consent order requiring the respondent to pay her $300,000, seeking partition and sale of the matrimonial home, and for reunification therapy with their children.

The respondent had failed to make the payment and the applicant was left 'couch surfing'.

The court ordered the partition and sale of the matrimonial home, defeating a concurrent life interest held by the respondent's mother, with compensation to be paid from the respondent's share.

The court also ordered the children to attend reunification therapy at the respondent's expense, noting the children had been inappropriately exposed to the litigation.

The appellant husband appealed a motions judge's finding that the parties had reached a settlement agreement regarding the division of their property, including the matrimonial home and the husband's business.

The Court of Appeal found that the motions judge's conclusion was not supported by the evidence, noting that the wife's former solicitor's evidence contradicted the finding.

The appeal was allowed, and the judgment was set aside in its entirety.