The respondent brought a motion for the partition and sale of a jointly owned camp property where the applicant had been residing since separation.
The applicant opposed the sale, indicating an intention to amend his pleadings to advance a trust claim based on funds from a prior personal injury settlement used to purchase the property.
The court dismissed the motion as premature, finding that a sale could unfairly prejudice the applicant's equitable claims and leave him without housing before the property issues were fully determined.
