After an early-intervention case conference, the Parties entered into a Consent Order that allowed the Plaintiff to purchase the matrimonial home subject to meting certain deadlines. The Plaintiff was unable to meet the deadlines. When the Plaintiff eventually obtained the refinancing and sent it to the Defendant’s lawyer with a proposed closing date, the Defendant refused to sign the necessary documentation. The Plaintiff applied on an urgent basis for an order to transfer the home without the Defendant’s consent. The Plaintiff was unsuccessful.

The Plaintiff then appealed, and the Court of Appeal allowed the Appeal. The Court of Appeal found that there was evidence of an agreement between the Plaintiff and counsel for the Defendant that extended the financing deadline.

Costs for the Appeal were awarded to the Plaintiff in accordance with Column 4 of Schedule C.