M. Dibua

The respondent (moving party) sought an order for the pre-trial sale of the jointly-owned matrimonial home under the Partition Act, as well as interim parenting and child support orders.

The applicant opposed the sale, alleging bad faith and a constructive trust claim.

The court granted the order for sale, finding the respondent had a prima facie right to sale and the applicant failed to establish malicious, vexatious, or oppressive conduct that would cause prejudice.

The court deferred making interim parenting and support orders due to conflicting and insufficient evidence, but continued a temporary stay of child support enforcement.

The plaintiff sought repayment of $17,000 allegedly loaned to the defendant, consisting of $5,000 in cash and a $12,000 certified cheque.

The defendant admitted receiving $12,000 but asserted it was a gift given during a troubled personal dynamic between the parties.

The court assessed credibility and surrounding circumstances, including the absence of written loan terms, inconsistent testimony about repayment timing, and evidence of prior harassment-related criminal proceedings involving the plaintiff.

The court concluded the plaintiff failed to prove on a balance of probabilities that the $5,000 was ever given or that the $12,000 constituted a loan rather than a gift.

The action was dismissed.