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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:
[55] 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.).

[56] 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, [1983] O.J. No. 1096 (Div. Ct.); 997897 Ontario Inc. v. 926260 Ontario Ltd., [2001] O.J. No. 3960 (SCJ); Capannelli v. Muroff, [2000] O.J. No. 5040 (SCJ), aff’d [2002] O.J. No. 191 (C.A.).



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