1 total
Court distributes proceeds of sale and directs a trial on the enforceability of a mutual release.
The applicant sought an accounting and distribution of proceeds following a consent order for partition and sale of a jointly owned duplex.
The court determined the distribution of the net sale proceeds, allowing certain maintenance and carrying costs claimed by the respondent while denying others.
The applicant also sought an order removing him from an agreement of purchase and sale for a pre-construction condominium based on a mutual release.
Due to conflicting affidavit evidence regarding duress and conflict of interest, the court directed a trial of an issue regarding the enforceability of the mutual release.
