Co-owners of a Toronto property brought an application under the Partition Act seeking an order for sale and directions regarding the method of sale.
While all parties agreed the property should be sold, they disagreed on whether the sale should proceed by public auction or by sealed bid.
The court discounted partisan affidavit evidence from the parties and professional firms with financial interests in the process.
Emphasizing the need to safeguard the integrity of the sales process and maximize value, the court concluded that a sealed-bid process was preferable in circumstances where some co-owners intended to bid on the property.
The court ordered the sale to proceed by sealed bid under the supervision of an independent sales officer, with final process terms subject to court approval.
