Key Issues:
- Distribution of Net Proceeds from Property Sale:
- Applicant sought $1,550,000 from the sale of the Port Carling property, with remaining proceeds held in trust until trial.
- Respondent proposed $250,000 to each party.
- Court ordered $250,000 to each, with the Applicant's share held in trust for litigation expenses.
- Interim Fees and Disbursements:
- Applicant requested $1,644,637.26 for interim legal fees.
- Court reduced this, ordering $725,000 from the Respondent, partly funded by the Applicant’s share of the property sale proceeds.
Court’s Reasoning:
- Applied principles under the Family Law Act to ensure fair resource access.
- Recognized the Applicant’s arguable case for support and equalization but deemed her legal budget excessive.
- Considered Respondent's capacity to pay and need to preserve assets.
Outcome:
- Partial relief granted to both parties, with limited asset distribution and funds for litigation, preserving the estate pending trial.
Relevant Legal Principles:
- Interlocutory injunctions and preservation orders.
- Reasonableness of interim fees in family law.
Successful Party:
- Neither party was wholly successful; partial relief was given to both. Applicant secured $725,000 in interim fees; Respondent limited funds released and legal fees awarded.
Total Monetary Award:
- Property Proceeds:
- $250,000 to each party from property sale.
- Interim Fees and Disbursements:
- $725,000 to Applicant ($250,000 from property proceeds, $475,000 from Respondent).
- Total Award:
No additional damages awarded; costs submissions pending.