Ken Rosenburg

This costs decision follows an application under the Partition Act for the sale of two jointly owned properties.

The applicant, Tara-Lee Daniel, sought and was granted an order for the sale of the properties, with the only contested issue at the hearing being the terms of sale for a cottage property.

The court awarded Daniel full indemnity costs and awarded the intervening neighbours partial costs, finding the respondents' opposition to be without merit and their conduct to have unnecessarily increased costs.

The court considered an application by Tara-Lee Daniel for the partition and sale of two properties co-owned with Michael Angelo Rizzo, following the end of their relationship.

The main issue was whether the sale order for the Trent Lakes property should require any purchaser to cooperate in granting a right-of-way to neighbouring properties, as set out in a prior agreement (Schedule "C").

The court found that including this term was fair and necessary to avoid uncertainty and facilitate the sale, and granted the order for sale with the requested provision.