The applicant and her sister, who co-owned the matrimonial home, sought an order to distribute the net proceeds of its sale.
The respondent husband, who had refused to consent to the sale, sought a Mareva injunction to freeze the proceeds, alleging his equalization claim would be defeated.
The court authorized the sale under s. 23(b) of the Family Law Act, dispensing with the respondent's consent.
The court dismissed the respondent's motion for a Mareva injunction, finding no real risk of asset dissipation, and ordered the proceeds distributed with one-third held in trust as security for the respondent's potential interest.
