Real Property - Tenants-in-Common. Krizans v. Skurdelis
In Krizans v. Skurdelis (Div Ct, 2020) the Divisional Court sets out some basic rights of tenants in common:
 A tenant in common has a prima facie right to partition and sale under the Act. While s. 2 of the Act gives the court a discretion to decline to order partition or sale, such discretion can only be exercised in limited circumstances such as malice, oppression, vexatious intent or hardship amounting to oppression. See: Greenbanktree Power Corp. v. Coinamatic Canada Inc. (2004), 2004 CanLII 48652 (ON CA), 75 O.R. (3d) 478 (C.A.).
 In addition, partition or sale will not be ordered where to do so would conflict with an agreement between the parties concerning the Property in question. See: Shabinsky v. Cohen,  O.J. No. 1096 (Div. Ct.); 997897 Ontario Inc. v. 926260 Ontario Ltd.,  O.J. No. 3960 (SCJ); Capannelli v. Muroff,  O.J. No. 5040 (SCJ), aff’d  O.J. No. 191 (C.A.).