Dispute: Ownership and financial rights related to a house at 2 Hayes Road, Harbour Main, Newfoundland and Labrador.

Consent Order: The house was to be sold, and proceeds would be subject to a summary trial to determine entitlements.

Key Facts:

• April 2021: Consent Order established sale of the house and set conditions for Mr. Austin's residency.
• May 2022: Ms. Dunne paid off the remaining mortgage of $27,778.09.
• November 2022: The house was sold, and $124,216.23 was held in trust by Ms. Dunne's solicitors.

Arguments:

• Mr. Austin (Applicant):
  • Sought a Preservation Order to keep the sale proceeds in trust until the trial.
  • Argued that no funds should be returned to Ms. Dunne before trial as the mortgage had already been paid off at the time of sale.
• Ms. Dunne (Respondent):
  • Requested the return of funds used to pay off the mortgage due to financial hardship.
  • Argued that she should be reimbursed for paying off the mortgage prior to the trial.

Court's Analysis:

• The court has wide discretion under Rule 22.02 to order the preservation of property.
• The proximity of the trial date (within weeks) suggested no urgency to change the current status.
• Balancing interests: Preserving the status quo until the trial would cause less harm than reimbursing Ms. Dunne immediately.

Conclusion:

• Decision: The Preservation Order was granted; the funds remain in trust pending the outcome of the trial. Neither party was definitively successful.
• Costs: Determined to be in the cause, meaning they will be allocated based on the trial's outcome.