What is the test for obtaining exclusive possession of the matrimonial home on a motion for divorce?
Ontario, Canada
The following excerpt is from Gore v Gore, 2016 ONSC 6831 (CanLII):
In Menchella v. Menchella, 2012 CarswellOnt 3510 (Sup. Ct.), McGee J. affirmed the equal right of each spouse to possession of the matrimonial home on marriage breakdown: s. 19(1) of the Family Law Act. At para. 15, she said: An order for exclusive possession is dramatic in effect, and highly prejudicial to the dispossessed spouse. An order for exclusive possession should not be made on a motion where there is conflicting evidence that requires findings of credibility that are only available at trial.
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