Court File and Parties
CITATION: Schuurman v. Speers, 2016 ONSC 2184
COURT FILE NO.: CV-14-500034
DATE: 20160329
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Sonja Schuurman, Plaintiff
AND:
Richard Grant Speers
BEFORE: F. L. Myers, J.
COUNSEL: Sonja Schuurman, self-represented
Richard Grant Speers, self-represented
HEARD: March 29, 2016
ENDORSEMENT
[1] The parties are at odds on all facts. The mortgagee and the municipality are both moving on arrears. The property needs to be sold. I know of no jurisdiction for me to order Mr. Speers to sell to Ms. Schuurman at a price of her choosing. Under the Partition Act joint owners are entitled to an order for partition and sale unless doing so is oppressive. The only oppression here is to encumbrancers who are not being fully paid as a result of the disputes between the parties.
[2] Ms. Schuurman claims that Mr. Speers owes her more than his equity valued at her price. I cannot tell today who owes who. All I see is eroding equity for both owners as encumbrances mount and the condition of the property deteriorates. Ms. Schuurman’s claim to be able to carry a $500,000 re-financed mortgage is not credible in light of her evidence of injury and impecuniosity. She clearly wants to stay on the property free of Mr. Speers’ claims. If so, she had better settle with him quickly as the mortgagee has a scheduling hearing set for next week.
[3] In my view the property should be sold under judicial authority. I refer the matter to the Master’s office for a Master to carry the sale and take all proper accounts. Both parties shall cooperate in all respects with all directions that a Master may make for the immediate listing and sale of the properties. The Master may issue a writ of possession among other relief if a party fails to cooperate fully with the sale process to be ordered.
[4] Mr. Speers is to have a carriage of the sale subject always to the Master’s supervision. Mr. Speers shall bring a motion on proper material to a Master as soon as he can to commence
the process. He shall take no steps to sell before being heard by the Master. Costs of this proceeding are reserved to the Master. I have prepared and signed an order this day.
F. L. Myers, J.
Date: March 29, 2016