The parties were involved in matrimonial litigation.
The wife, as registered owner, sold a commercial property and sought a writ of possession.
The husband opposed, producing a newly 'found' trust agreement claiming beneficial ownership.
The motion judge granted the writ, relying in part on an unsworn handwriting expert report refuting the wife's signature.
On appeal, the Court of Appeal found the motion judge erred in relying on the unsworn report but upheld the writ of possession, noting the husband's prior financial statements acknowledging the wife's ownership and the need to preserve the favourable sale.
The appeal was dismissed.
