2010 ONSC 6787, 2010 ONSC 6787
Opinion
CITATION : Lariccia v. Lariccia, 2010 ONSC 6787 COURT FILE NO.: 238/10 DATE: 2010-12-08 SUPERIOR COURT OF JUSTICE - ONTARIO RE: Maria Angela Lariccia, Applicant AND: Louis Lariccia, Respondent BEFORE: Mr Justice Ramsay COUNSEL: Mr Gary M Berman for the Applicant, moving Mr Ronald Marion for the Respondent, responding HEARD: 2010-12-08 ENDORSEMENT [ 1 ] An order will go in terms of the consent filed. [ 2 ] The contested aspect of the motion has to do with $192,000 being held in trust, the proceeds of sale of the jointly owned matrimonial home.
The wife moves for an order releasing her half of the proceeds to her, or such other amount as the court thinks fit. Her position is that she will inevitably win some payment on equalization, so there is no need to hold onto her half of the proceeds. The husband’s share should be held in trust. [ 3 ] The husband’s position is that it is premature to make any order. I agree. The
interpretation of the new legislation on pension splitting, and the remaining factual issues on equalization, will best be decided at trial. [ 4 ] The motion is dismissed. The parties may make written submissions to costs, the husband by December 17 next, the wife by January 6. J.A. Ramsay J. Date: 2010-12-08
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