The applicant brought a motion for the partition and sale of the jointly owned matrimonial home, which the respondent opposed.
The respondent brought a cross-motion seeking a determination on whether monies received by the applicant from a motor vehicle accident settlement were excluded from net family property.
The court granted the partition and sale, noting the respondent had not filed an answer claiming exclusive possession or equalisation.
Regarding the settlement monies, the court held that damages for pain and suffering and loss of guidance, care, and companionship were excluded property.
However, the court found that damages for future income loss accrued prior to the valuation date must be included in net family property, and deferred the determination regarding future care costs to trial.
