On a family law motion and cross-motion, the court ordered the immediate listing and sale of the matrimonial home and denied the respondent's request for temporary exclusive possession.
Applying summary judgment principles and the prima facie right of a joint tenant to sale, the court held there was no triable issue supporting claims for permanent exclusive possession or a vesting order, and that immediate sale would not prejudice equalization claims because sale proceeds could be preserved.
The court also severed the divorce from corollary relief, fixed interim without prejudice spousal support at $3,208 per month, required continuation of insurance and beneficiary arrangements in favour of the respondent, and denied a non-depletion order under s. 40 of the Family Law Act.
Remaining relief was dismissed.
