RUBIN & RUBIN

This matter concerned an appeal before Justice Loughnan concerning property division orders made by Judicial Registrar Johnston. The dispute involved the distribution of assets between a husband and wife, specifically concerning two properties, one located at "C" and another at "W".

The primary legal issues before Justice Loughnan were to determine the appropriate orders for the division of the parties' property, including the transfer of interests in the C property and the sale and distribution of proceeds from both the C and W properties. The court was also required to consider the consequences of non-compliance with any orders made.

Justice Loughnan set aside the previous orders and made new orders regarding the property. The wife was ordered to pay a sum of $127,266 to the husband, upon which he was to transfer his interest in the C property to her. In the event of the wife's non-compliance, the C property was to be sold, with 17% of the net proceeds to be paid to the husband and the balance to the wife. The W property was to be sold within 35 days, with proceeds to be applied first to sale costs, then capital gains and land tax liabilities, with a specific adjustment for land tax payable below $25,372, and the remaining balance to be paid to the husband. Each party was declared the sole legal and beneficial owner of property in their possession, and a Registrar was appointed to execute documents if necessary to give effect to the orders.