Kenneth C. Vaughan

The appellant appealed an order directing the sale of a co-owned property and requiring him to vacate the premises prior to the sale.

The Divisional Court upheld the order directing the sale on the open market, finding no authority to deny a co-owner the right to market exposure.

However, the court varied the order to allow the appellant to remain in possession until closing, noting the applications judge failed to consider the hardship of immediate eviction, the impracticalities of selling a vacant house, and the appellant's willingness to maintain mortgage and expense payments.

The appeal was allowed in part.

The applicant sought judicial review of an inquiry officer's report and a municipal resolution authorizing the expropriation of a portion of its land for a sewage easement.

The inquiry officer had concluded that the proposed expropriation was fair, sound, and reasonably necessary after considering alternatives.

The Divisional Court dismissed the application, finding no denial of natural justice or jurisdictional error of law in the inquiry officer's report.