The applicant husband sought a divorce and the sale of the matrimonial home.
The respondent wife sought exclusive possession and spousal support.
The wife's mother had invested $138,000 to build a 'granny flat' addition to the home under an agreement granting her a life licence to occupy it.
The husband recently lost his $50,000/year job after an impaired driving conviction.
The court dismissed the husband's claim to sell the home, finding it inconsistent with the granny flat agreement.
The wife was awarded exclusive possession and the husband's interest in the home was vested in her to satisfy equalization and his arrears under the agreement.
The court declined to impute the husband's former income for spousal support, distinguishing his situation from deliberate underemployment, but ordered $600/month in support with a temporary stay of enforcement.
The mother was granted a $74,200 lien on the home to protect her interest.
