In this family law motion, the respondent sought an order for partition and sale of a property held as a tenancy in common with the applicant.
The parties were former cohabitants who never married and disputed the length of cohabitation and date of separation.
The respondent sought to sell the investment property, citing loss of trust and alleged mismanagement by the applicant.
The applicant opposed the sale, arguing it would cause financial hardship and negatively affect the best interests of her 12-year-old daughter.
The court found the respondent had a prima facie right to seek sale under the Partition Act and that the applicant had not established malice, vexatiousness, or oppression.
However, the court imposed a three-month delay before listing to protect the child's stability and well-being.
The court also ordered that net proceeds be held in trust pending further court order.
