On a family law motion, the applicant sought immediate sale of the jointly owned matrimonial home pending trial, while the respondent opposed sale and proposed retaining the home through an equalization set-off.
Applying the pre-trial sale framework under the Partition Act in light of unresolved Family Law Act issues, the court held that immediate sale should be refused where substantial rights, including equalization, pension treatment, and a potential spousal support claim, could still be affected at trial.
The court also considered the modest anticipated delay to trial, the respondent's undertaking to assume mortgage payments, and the limited practical advantage of listing during winter and COVID-19 restrictions.
The request for immediate sale was denied, the respondent was ordered to pay the mortgage pending trial, and use of the Family Wizard application was ordered on consent.
