In what circumstances will a motion for summary judgment authorizing the sale of the matrimonial home be dismissed?
Ontario, Canada
The following excerpt is from Urness v. McDonald, 2022 ONSC 1697 (CanLII):
Hinz v. Hinz, [2000] O.J. No. 1327 (S.C.J.) was a motion for summary judgment authorizing the sale of the matrimonial home, which appears to have been a farm property. McDermid J. dismissed the motion on the grounds that the issues required a trial. In doing so, he said, at para. 7: “One must also not lose sight of the provisions of s. 11 of the Family Law Act, which ought not to be thwarted at an interim stage except in the clearest of cases, which in my opinion this is not.”
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