Michael Macnamara

The applicants were previously successful in obtaining an order for the sale of a jointly owned property.

In this costs decision, the court declined to award costs to the successful applicants.

The court found that the case involved an unusual set of facts—unrelated property owners with separate dwellings on jointly owned land—and that both parties, particularly the applicants, missed opportunities to resolve the matter short of litigation.

Each party was ordered to bear their own costs.

The applicants and respondent owned a lakefront property as tenants in common, with the applicants using their dwelling recreationally and the respondent using hers as a principal residence.

The applicants sought to sell their interest but alleged the respondent interfered with prospective purchasers.

The applicants brought an application under the Partition Act for the sale of the entire property.

The court found no malicious or vexatious intent by the applicants and concluded that the respondent would not suffer objective hardship amounting to oppression if the property were sold.

The application for the sale of the property was granted, with a reference directed for the conduct of the sale.