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Appeal of order for sale of co-owned property dismissed; cross-appeal to purchase at fixed price denied.
The appellants appealed an order directing the sale of a residential property they co-owned as tenants in common with the respondent.
The appellants sought physical partition instead of sale.
The Divisional Court dismissed the appeal, finding that the property's configuration and the appellants' failure to pay municipal taxes and insurance made partition impractical and sale the most beneficial option.
The respondent's cross-appeal to purchase the appellants' share at a fixed price was dismissed, as joint tenants are entitled to the fair market value obtained through an open market sale.
The respondent was awarded costs for both the application and the appeal.
Appeal dismissed; allegations of judicial bias rejected and trial judge's findings on commercial lease dispute upheld.
The appellants appealed a trial judgment finding them liable for extra-judicial efforts to shut down a restaurant and holding that they were not entitled to terminate the respondents' tenancy.
The appellants alleged bias on the part of the trial judge and substantive errors.
The Court of Appeal dismissed the appeal, finding that the threshold for bias was not met and the allegation was not raised at the earliest opportunity.
The court also upheld the trial judge's findings on the merits and confirmed the individual appellant's personal liability for tortious acts.
