Leonard Levencrown

The applicant brought a motion seeking a contempt order against the respondent for failing to comply with a prior court endorsement requiring transfer of the matrimonial home.

The respondent sought an adjournment and argued that the court lacked jurisdiction due to the absence of a draft order approval under the Family Law Rules, and indicated that some tax arrears and child support payments had been partially addressed.

The court found ongoing concerns regarding preservation of the matrimonial home, including lapsed home insurance and incomplete compliance with previous orders.

The court directed the Registrar to transfer the property into the applicant’s name in trust pending final resolution of the case and authorized the applicant to encumber the property to secure insurance and address child support arrears.

The applicant was also ordered to attend questioning pursuant to earlier court orders.

The applicant spouse brought a motion seeking a vesting order transferring title to the matrimonial home after the respondent spouse failed to comply with a prior order requiring payment of outstanding property taxes.

The respondent, who held sole title, had allowed property taxes and insurance to lapse, placing the home at risk of tax sale despite the applicant and children having exclusive possession.

The court found the respondent’s non‑compliance was willful and rejected claims that he lacked funds, drawing an adverse inference from his failure to file responsive evidence.

Relying on ss. 9, 12, and 24 of the Family Law Act and s. 100 of the Courts of Justice Act, the court held it had jurisdiction to grant a vesting order to preserve the property pending equalization and other claims.

Title to the matrimonial home was ordered transferred to the applicant to allow payment of taxes, insurance, and preservation of the asset during the litigation.