Decision Content
Engle v. Carswell 2012 NWTSC 25 Date: 2012 03 28 Docket: S-1-CV-2012 000001 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES BETWEEN: ROBERT PARSONS ENGLE Applicant - and - MARGARET LUCILLE CARSWELL Respondent SUPPLEMENTARY MEMORANDUM #2 [1] These reasons are supplemental to the Court’s Memorandum of Judgment filed February 29, 2012 in these proceedings. [2] I have received and considered the Applicant’s further submissions which were requested in the Supplementary Memorandum filed March 8, 2012 regarding the amount to be paid into court. The Respondent has not filed any further submissions. [3] I hereby order that the formal Order that will issue pursuant to paragraph 31 of the February 29, 2012 Memorandum of Judgment will include the following: 1) That $350,000.00 of the proceeds of the sale of the Principal Residence are to be paid into court, which is to be retained by the Clerk of the Court in an interest bearing account, pending determination of whether the Respondent is entitled to any of the proceeds of the sale. 2) Upon receiving satisfactory proof of payment into court, the Registrar of Land Titles is to remove the Caveat number 174,114 from the certificate of title number 16810, described as Lot 14, Block 123, Plan 634 in the City of Yellowknife in the Northwest Territories. 3) The determination of whether the Respondent is entitled to any of the proceeds of the sale is adjourned sine die and can be brought back to Court on 14 days notice by either party. S.H. Smallwood J.S.C. Dated at Yellowknife, NT, this 28th day of March 2012 Counsel for the Applicant: James Thorlakson The Respondent represented herself S-0001-FM-2008000117 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES BETWEEN: ROBERT PARSONS ENGLE Applicant - and - MARGARET LUCILLE CARSWELL Respondent SUPPLEMENTARY MEMORANDUM OF THE HONOURABLE JUSTICE S.H. SMALLWOOD
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