Nicoll and Nicoll

In the matter of *Nicoll and Nicoll*, heard before Judge Altobelli, the applicant and respondent sought orders concerning the sale of a property and interim financial relief. The dispute centred on how the jointly owned property should be sold and the financial obligations of the parties pending further orders.

The court was required to determine the terms of the sale of the property, including the method of sale (private treaty or auction), the setting of a reserve price, the cooperation of the parties with the real estate agent, and the distribution of sale proceeds. Additionally, the court needed to address interim spousal maintenance, health insurance for the parties and children, and the ongoing costs associated with a motor vehicle. An injunction was also sought to restrain the respondent from dealing with the property.

The court made orders by consent, reflecting an agreement between the parties. These orders stipulated that the property be listed for sale by private treaty, with provisions for an auction if it did not sell within two months. The parties were directed to cooperate with the real estate agent and their chosen conveyancer. The proceeds of sale were to be applied first to sale expenses, then to the mortgagee, and the balance paid into a controlled monies account pending further order. An injunction was granted restraining the respondent from dealing with the property pending its sale. The respondent was also ordered to continue paying the costs of a specified motor vehicle and to pay the applicant $1,500 per week by way of spousal maintenance, as well as the parties' and children's health insurance, pending further order. The matter was adjourned for mention.