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Joint tenancy severed by conduct; writ discharged upon payment into court.
The applicant brought a motion to sever a joint tenancy in a matrimonial home following separation and settlement of family law proceedings, and sought discharge of a creditor’s writ of execution registered against the property.
The court considered whether the parties’ conduct during matrimonial litigation constituted a course of dealing sufficient to sever the joint tenancy under the principles set out in Hansen Estate.
The court held that the parties’ actions demonstrated a mutual intention to treat their interests as tenants in common, thereby severing the joint tenancy.
Exercising equitable jurisdiction, the court further ordered that the creditor’s writ be discharged upon payment of $37,000 into court pending determination of entitlement among potential creditors.
The court found insufficient evidence that the creditor would be prejudiced by such an order.
