CAPIROLA & CAPIROLA

In the matter of *Capirola & Capirola*, Foster J considered applications by both the wife and the husband in ongoing family law proceedings. The wife sought a stay of previous orders for the sale of the parties' properties and spousal maintenance from the husband. The husband sought interim property payments for himself and the wife.

The court was required to determine whether to grant a stay of the property sale orders, whether the wife had established a need for spousal maintenance, and whether to order interim property payments to the parties. The court also considered the general dismissal of other pending interim applications.

Regarding the spousal maintenance application, Foster J found that neither party's care of the youngest child precluded them from working, and the wife had not provided evidence demonstrating her inability to support herself. Consequently, the application for spousal maintenance was dismissed. However, the court ordered interim property payments of $100,000 to each party from funds held in trust, noting that these payments represented a small portion of the asset pool and could be adjusted at trial if necessary. The court also granted the wife's application for a stay of the orders requiring the sale of the former matrimonial home, pending further order or agreement.