2 total
The court ordered the sale of a jointly owned property, rejecting the respondents' oppression claims.
The applicant, John Walker, sought an order under the Partition Act for the sale of a jointly owned property.
The respondents, Bethany Walker and Matthew Colling, opposed the sale, arguing it would cause them hardship amounting to oppression and requested a stay until an estate trustee was appointed and a Henson trust established.
The court found the respondents failed to demonstrate oppression, noting their inconsistent financial disclosures, the property's deteriorating condition, and the applicant's need for the sale proceeds for his care.
The court granted the order for sale, requiring the respondents to vacate and setting terms for the sale process.
Certificate of Pending Litigation granted for equitable mortgage claim arising from wrong mortgagee name on title.
The applicant title insurance company sought an order to rectify title due to an error in a 2016 mortgage where the wrong institution was named as mortgagee.
The borrower had subsequently transferred the property to himself and his spouse, and later passed away.
The court found a compelling case for an equitable mortgage but declined to order rectification without hearing from others who may have acquired an interest in the land.
The court authorized the registration of a Certificate of Pending Litigation (CPL).
