The applicant sought leave to bring an urgent ex parte motion for a certificate of pending litigation (CPL) on the former matrimonial home, which was solely owned by the respondent and listed for sale.
The applicant, now a former spouse, argued the home could not be listed or sold without his consent and sought a CPL to protect his interest in an equalization of net family property.
The court dismissed the request, finding that spousal rights under sections 18(1) and 21 of the Family Law Act do not extend to former spouses, and a claim for equalization does not establish an interest in land entitling a claimant to a CPL.
