Court File and Parties
Court File No.: CV-23-62-00 Date: 2023-10-26 Superior Court of Justice - Ontario
Re: Faye Louise Whiting v. Jason Andrew Whiting
Heard: October 26, 2023
Before: Regional Senior Justice W.D. Newton
Counsel: Shaneka Taylor, for the Applicant Jason Whiting, Self Represented
Endorsement
[1] This matter appeared in motions court before me this morning. At that time, I made the following endorsement:
Mr. Whiting appears. He has not filed any material. He repeats his assertions that there are other buyers and that he needs more time to vacate the premises.
For written reasons to be delivered, proposed draft order at CaseLines A 64 to issue. Costs fixed in the amount of $3,220.50.
[2] By order dated September 14, 2023, Pierce J. ordered that real property jointly owned by the parties was to be listed for sale. The order contained the following additional terms:
THIS COURT ORDERS AND DIRECTS that the Respondent shall fully cooperate with the sale of the Property, including signing all documents necessary to list and market the Property and making the Property available for repairing, staging, showings, inspections and/or appraisals.
THIS COURT ORDERS AND DIRECTS that the parties shall jointly make decisions with respect to the sale of the Property and that, if the Respondent is unwilling and/or unable to participate in such decision making, the Applicant shall be permitted to make all decisions with respect to the sale of the Property in an equitable, expeditious and cost-effective manner.
[3] A written offer to purchase the property was presented. Mr. Whiting is not cooperating with respect to acceptance of the offer. A further motion was brought.
[4] The parties appeared before me on October 19, 2023. At that time, I made the following endorsement:
Mr. Whiting appears today. He did not appear on the day that the original order was made.
He makes representations today that he has other offers but has no proof. He also states that he cannot vacate by November 15.
I am the motions court next week.
Mr. Whiting will have one last chance to reach an agreement with Ms. Whiting. Otherwise, I will deal with this motion next week.
[5] When the parties appeared before me today no agreement had been reached. Mr. Whiting has not filed any material to oppose this motion. With respect to other purchasers, Ms. Taylor says that Mr. Whiting had sent a screenshot of a text message from an unknown person which stated that they might be interested in purchasing the property.
[6] As such, there is no evidence of any other offers.
[7] I therefore order that the agreement of purchase and sale dated October 2, 2023, is binding on the parties and that no further orders are required to effect the transfer the property to the buyer in the event that Mr. Whiting does not cooperate with the signing of the requisite documents.
[8] Further, I order that Mr. Whiting shall vacate the property and provide vacant possession on or before November 15, 2023. There is no evidence before me to justify any further delay in the sale or the delivery of vacant possession.
“Original signed by” The Hon. Mr. Justice W.D. Newton, R.S.J. DATE: October 26, 2023