March 6 – Court’s Power On Motion For Sale of Home

“The order under appeal is an order for sale of the matrimonial home. Although the appellant refers in his factum to the order as an interlocutory order, because the order finally disposes of the issue of whether the matrimonial home should be sold, it is a final order and this court has jurisdiction to hear this appeal.

We are not aware of any statutory provision or precedent that would support the motion judge’s order delegating the court’s authority to approve the sale price at which the matrimonial home should be listed and to accept an offer on the appellant’s behalf. That order should not have been made. Similarly, absent the agreement of both parties, the motion judge’s orders granting rights of first refusal should not have been made. See Martin v. Martin (1992), 1992 CanLII 7402 (ON CA), 8 O.R. (3d) 41 (C.A.)”

 Laurignano v. Laurignano, 2009 ONCA 241 (CanLII) at 2-3