The appellants appealed a judgment granting the respondent's application for the sale of five commercial properties under the Partition Act.
The parties were co-tenants, and the respondent, holding a minority interest, refused to consent to the appellants' management and leveraging plans after the appellants acquired their majority interest.
The Divisional Court dismissed the appeal, affirming that a co-tenant has a prima facie right to compel a sale under the Davis test, and that the respondent's conduct was not malicious, oppressive, or vexatious, but rather a predictable response to a business relationship breakdown.
