CITATION: Pellerin v. Pellerin, 2011 ONCA 599
DATE: 20110916
DOCKET: C53760
COURT OF APPEAL FOR ONTARIO
Laskin, Goudge and Sharpe JJ.A.
BETWEEN
Jean-Marc Pellerin
Applicant (Appellant)
and
Carole Pellerin
Respondent (Respondent)
Darryl Singer, for the appellant
Carole Pellerin, acting in person
Heard: September 15, 2011
On appeal from the order of Justice Paul Rivard of the Superior Court of Justice dated May 12, 2011.
APPEAL BOOK ENDORSEMENT
[1] Rivard J. did not exercise his discretion unreasonably in refusing an adjournment. In our view, the appellant was not prejudiced by his failure to obtain an adjournment.
[2] The subject matter of these proceedings is the matrimonial home. By order made in January of this year, the home was ordered to be sold. The appellant has not challenged this sale order.
[3] The order under appeal dispenses with the requirement to obtain the appellant’s signature on the listing agreement. However, any interest the appellant may have in the sale proceeds is protected by para. 7 of the sale order, which requires that the proceeds by placed in a law firm’s trust account pending agreement or further order of the court.
[4] The appeal is dismissed. However, this order is stayed for 14 days to permit the appellant to remove his personal belongings, furniture and equipment from the matrimonial home. The respondent is entitled to her costs of the appeal, which we fix at $1,450.00, inclusive of disbursements and applicable taxes.