The Office of the Public Guardian and Trustee (PGT), as statutory guardian for Laurie Ann Vidal, sought a declaration that a specific property ("Toad Lake Solely Owned Property") was not a matrimonial home.
This declaration was necessary to allow the PGT to sell the property and invest the proceeds into a Registered Disability Savings Plan (RDSP) for Laurie, ensuring she could maintain her Ontario Disability Support Program (ODSP) benefits.
The respondent, Brian James Vidal (Laurie's husband), opposed the sale, claiming the property was a matrimonial home requiring his consent.
The court found the motion urgent due to the RDSP contribution deadline.
After hearing evidence, the court determined that the property had not been "ordinarily occupied" as the family residence by Mr. and Mrs. Vidal for many years, thus not meeting the definition of a matrimonial home under the Family Law Act.
The PGT's application was granted, allowing the sale without the respondent's consent.
