The applicant brought a motion to compel the sale of a jointly owned property in the context of ongoing family litigation.
The respondent opposed the sale, arguing it would be contrary to the children's best interests and that she wished to purchase the applicant's interest if successful in her equitable claims at trial.
The court granted the motion, finding that the property was not the principal residence of either party, the applicant was incurring significant carrying costs, and the sale would not negatively impact the children.
The court ordered the property sold and the net proceeds paid into court.