Counsel

• Respondent
  SSelf-represented
• Applicant
  AAaron Rousseau
• Respondent
  AArif Raza
• Applicant
  LLeslie Wittlin

Parties

• Garfella Apartments Inc.applicant
• Choudurirespondent
• Shamir Khanrespondent
• Berlintin Haroonrespondent
• Jasbir Johalrespondent
• Arvind Panchalrespondent
• Zerbanu Jafferrespondent
• Vlado Galicrespondent

Areas of Law

Fact Patterns

Financial Outcomes

Costs awarded

$5,000

Issues

1. Whether the applicant has a presumptive right to a remedy under the Partition Act→ yes — partition is not legally possible, so there is a prima facie right to a sale
2. Whether the applicant's ability to sell its interest on the market is a basis in law for refusing a remedy→ no — inability to sell is not a legal requirement for a court-ordered sale
3. Whether there is a basis for refusing relief on the grounds of oppressive conduct or hardship→ yes — applicant's conduct undermined reasonable expectations and was oppressive; sale refused