The applicants sought the sale of three multi-residential properties owned as tenants in common with the respondents, and an equal division of the proceeds.
The respondents brought a cross-application seeking an unequal division of proceeds based on an alleged settlement agreement negotiated by family members.
The court granted the applications for sale and dismissed the cross-application, finding that the family members who negotiated the alleged settlement lacked ostensible authority to bind the applicants, and that no final agreement had actually been reached.
The properties were ordered to be sold with proceeds divided equally.