The applicant brought a motion seeking two orders: to prevent the respondent from further drawing funds from a Royal Bank of Canada line of credit registered against the matrimonial home, and for leave to issue a Certificate of Pending Litigation (CPL) against an investment property (the "Toronto condo").
Both properties were solely in the respondent's name.
The court addressed a preliminary objection regarding the scope of the motion, allowing the CPL request due to urgency.
The court granted both orders, finding that the respondent's significant drawdowns on the line of credit threatened the applicant's potential equalization and trust claims, necessitating a preservation order under s. 12 of the Family Law Act.
For the CPL, the court found the applicant had a reasonable claim to an equitable interest in the Toronto condo, which the respondent had listed for sale, and the respondent failed to demonstrate there was no triable issue.
