The applicant sought an immediate sale of the matrimonial home and release of half the net proceeds.
The respondent initially opposed the sale but later agreed to it, disputing only the terms of staging/repairs and the release of proceeds, arguing for a smaller initial release and the remainder held in trust as security for his equalization and unjust enrichment claims.
The court ordered the immediate sale of the matrimonial home on the applicant's proposed terms, including following real estate agent advice on staging/repairs, with costs paid from proceeds.
The court also ordered 50% of the net proceeds to be released to the applicant and the balance held in trust, finding the respondent had not established a prima facie unjust enrichment claim or met the onus for a preservation order for the full amount.
