I used to think that this area was clearcut. I still believe so but there seem to be varying decisions from various Superior Courts. One could say it’s a luck of the draw while others could say it’s a luck of which judge you draw!
Here is a recent case where I was successful in enforcing the partition and sale of a jointly owned matrimonial home. In my next blog I will share another recent decision where a judge ruled that the sale could be considered as malicious, vexatious or oppressive and therefore prevented the same.
In the attached case, the honourable judge ruled that there was no evidence of vexatiousness or oppressiveness or maliciousness in enforcing the sale of a jointly owned home.
The attached case goes through case laws historically that I shared with the judge related to partition and sale. The judge accepted my submissions. The definition of vexatious, maliciousness and oppressiveness is the heart of deciding whether a property can be partitioned and sold especially if it is opposed by the other party. That is a fact driven analysis.
This case leads me to believe that success can be evenly divided. All that I can do as your lawyer is to do my best. Given the divergence of the case laws, it is not possible to guarantee success. In this case I was fortunate to win. In the next similar case I may not be so fortunate despite my best preparation!
At Shankar Law, you can be assured that we will do our best for you. We look forward to serving you at our physical offices in Owen Sound, Wiarton, or Port Elgin or of course virtually anywhere in Ontario.
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