The appellant acquired 124 of 147 percentage interests in an apartment building held by tenants in common.
Unable to acquire the remaining interests, the appellant applied under the Partition Act for an order for the sale of the entire building.
The application judge dismissed the application.
On appeal, the Divisional Court held that while the appellant had a prima facie right to a sale, its conduct was oppressive.
The appellant sought to force a sale to acquire the entire building for its own profit, undermining the reasonable expectations of the minority co-owners who lived in the building and would suffer significant hardship.
The appeal was dismissed.
