In a family law proceeding involving divorce, custody, support, and equalization claims, the parties brought competing motions concerning the preservation and management of significant Ontario real estate assets pending trial.
The respondent sought authority to access trust funds and manage or sell jointly held properties to complete pending real estate transactions, while the applicant sought an order compelling payment of mortgage arrears, taxes, and condominium fees to prevent dissipation of assets.
The court held that the respondent failed to provide admissible and sufficient evidence to justify the extraordinary relief requested, including reliance on inadmissible hearsay evidence.
The court reaffirmed and continued an earlier non‑dissipation order and found that the respondent bore responsibility for maintaining the parties’ Ontario properties.
The respondent’s motion was dismissed and the applicant’s motion was granted in part, requiring payment of arrears and ongoing property expenses.
