Is it inappropriate to order the sale of a matrimonial home prior to trial when the residency of a vulnerable child is at stake?
Ontario, Canada
The following excerpt is from Lee v. Eckenswiller, 2021 ONSC 6519 (CanLII):
In addition, the court has found it inappropriate to order the sale of a matrimonial home prior to trial when the residency of a vulnerable child is at stake because the sale would create a prejudice that could not be undone: Fernandes v. Darrigo, 2018 ONSC 1039, 11 R.F.L. (8th) 81, at paras. 3, 20 (Div. Ct.).
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