The appellants appealed an order directing the sale of a residential property they co-owned as tenants in common with the respondent.
The appellants sought physical partition instead of sale.
The Divisional Court dismissed the appeal, finding that the property's configuration and the appellants' failure to pay municipal taxes and insurance made partition impractical and sale the most beneficial option.
The respondent's cross-appeal to purchase the appellants' share at a fixed price was dismissed, as joint tenants are entitled to the fair market value obtained through an open market sale.
The respondent was awarded costs for both the application and the appeal.
