The applicant brought a motion for the sale of a jointly owned home following the separation of the unmarried parties.
The respondent, who resided in the home, opposed the sale but could not offer sufficient reasons or afford to keep the property.
Applying the Partition Act and the test from Davis v. Davis, the court found no exceptional circumstances to deny the sale.
The court ordered the property to be listed for sale, with the net proceeds paid into court pending resolution of the respondent's constructive trust claim.
