Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: AILEEN CHERYL BISWAS, Applicant
AND:
BENOY MATTHEW BISWAS, Respondent
BEFORE: The Honourable Mr. Justice M.D. Faieta
COUNSEL: Serena Lein, for the Applicant
Guy Hunter, for the Respondent
HEARD: February 2, 2026
ENDORSEMENT
1A Case Conference proceeded before me today in respect of this matter. The parties were married in 1996 and separated in May 2016. They have three children, now ages 19, 25, and 30. In about 2021, the applicant mother moved from Toronto to New Brunswick. The two youngest children continue to live with the respondent father in the matrimonial home.
2In October 2024, the applicant mother commenced this Application for an order that the jointly owned matrimonial home be immediately listed for sale and sold. In December 2024, the respondent father filed an Answer claiming retroactive and prospective spousal and child support, as well as equalization of net family property. The applicant mother submits that there is no basis for the spousal support claim and that, as a rule of thumb, retroactive support claims are limited to three years prior to the Notice of Application. She states that notice of the claim for retroactive child support was given at the end of 2024. The applicant asks that the respondent’s claim for retroactive child and spousal support be dismissed. The applicant also submits that the respondent’s claim for equalization is barred by the passing of the limitation period under s. 7(3) of the Family Law Act, R.S.O. 1990, c. F.3 (“FLA”). The respondent submits that the limitation period should be extended under s. 2(8) of the FLA.
3In her brief, the applicant provided notice that she would be seeking an order for the sale of the matrimonial home at the Case Conference. The respondent opposes such order as he wishes to purchase the applicant’s interest. The court may make such order at a Case Conference pursuant to r. 17(8)(b.1) of the Family Law Rules (“FLR”), which sets out a list of final or temporary orders that may be made at conference so long as notice has been served: O. Reg. 114/99. An order for the sale of a matrimonial home was also made in the same circumstances at a Case Conference by Jarvis J. on September 14, 2021 in Pelosi v. Vecchiarelli, unreported, Court File No. FC-20-1291-00. Jarvis J. noted that the Court has no jurisdiction to compel a joint owner to transfer their interest to the other owner.
4The applicant has a prima facie right to an order for the partition and sale of the matrimonial home. As a result, the court must order the sale unless the party opposing the sale establishes that there was malicious, vexatious, or oppressive conduct on the party of moving party in relation to the sale itself: Marchese v. Marchese, 2019 ONCA 116, at para. 5.
5The respondent has not demonstrated any conduct that would warrant dismissing the applicant’s request for the sale of the matrimonial home. Accordingly, the order is granted.
6Order to go as follows:
(a) By March 16, 2026, the parties and their counsel shall meet to discuss the settlement of all claims.
(b) If needed, a further Settlement Conference shall be held before me on April 7, 2026 at 8:45 a.m. for up to 45 minutes.
(c) The respondent shall have until April 8, 2026, to reach an agreement with the applicant for the purchase of her interest in the matrimonial home.
(d) If no such agreement is reached by April 8, 2026, then the parties shall agree upon and retain a real estate agent to sell the matrimonial home by April 15, 2026.
(e) The matrimonial home shall be listed for sale by no later than May22, 2026. Before that date, the parties shall agree on an initial listing price in consultation with the real estate agent.
(f) In the event of disagreement as to the selection of real estate agent, the listing price, or any matter in relation to the sale of the matrimonial home, either party may seek directions from this court by videoconference, which may be arranged with the Court through my judicial assistant (kevin.wailoo@ontario.ca). Counsel shall collaborate on a letter/email setting out (without argument) the issue(s) involving the sale to be addressed. This document is to be provided to my judicial assistant by 4:00 p.m. on the day before the videoconference.
(g) In consultation with the real estate agent, the parties shall take reasonable steps to ready the house for sale. These steps shall be completed by May 15, 2026. The cost of these steps shall be equally shared by the parties, unless the parties agree otherwise.
(h) The net proceeds of sale of the property after payment of taxes, real estate commission, legal fees of the sale, and other adjustments shall be held in trust in an interest-bearing trust account by the parties’ real estate solicitor pending written agreement of the parties or further Court Order.
(i) A Trial Management Conference shall be held on June 19, 2026 at 10:00 am.
7This Order is effective immediately without a formal order being issued and entered.
Mr. Justice M.D. Faieta
Date: February 3, 2026